Agenda packet — Palm Springs City Council, September 14, 2023 (part 2 of 7)

Item 1L - Page 7

7. Owners/Investors with a 5% beneficial interest in the Applicant Entitv or a related entity

EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] (percentage of beneficial interest in entity and name of entity]
A. ~
pA-J)_ '25"cif...rV 'th. -5<.., (
so ?o
~-£) 6 cf 4- f:o/ ~ ~
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
B. p/br...Q r- (,< t7i , ..e£) g~ ~CJ
,F-; ...0£.~
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entitv]
D.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entitvl
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitv]
I DECLARE UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING 15 TRUE AND CORRECT.

Signature of Disclosing Party , Printed Name, Title Date ;f_ <fJ:2.--- 5- -.J 4 -2-s
(Revised 09 13 18)

CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

Item 1L - Page 8

1. 2.

3. 4.

5. PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Name of Entity
?2 Hov-r LLC.. vlb-.< N~·lOl\t,(\ A~+v Ffe,e.J t;..-tMe Address of Entity (Principle Place of Business)
LJCJ<J Al{ ..f <> C..~u {)rive.- I w~-+Go"\ vt'(/a I cA CfSOl6 Local or California Address (if different than #2)
Sw,.te. CtE:> c.Jco vt!Z.-
State where Entity is Registered with Secretary of State &lr"/or(ll./u__
If other than California. is the Entity also registered in California? n Yes n No Type of Entity
D Corporation 0-.Umited liabil ity Company O Partnership O Trust O Other (please specify)

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

(Revised 09 13 18)
Item 1L - Page 9

7. Owners/Investors with a 5% benefi cial interest in the Applicant Entity or a related entity

EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/ investor] [percentage of benefici al interest in entity and name of entity ]
A.

MeJv,v1 Coone-r 5o'!o , 1i.. HtMJr lf..C-
[name of owHer/ investor] [percentage of beneficial interest in entity and name of entity)
B.
c.k!tise Co~ u So%, 12 ~,. Ll.C
[name of owner/ investor] [percentage of beneficia l interest in entity and name of enti ty)
C.
[name of owner/ investor) [percenta ge of beneficial interest in entity and name of entity]

0. [name of owner/ investor) [percentage of beneficial interest in entity and name of entity)
E.
[name of owner/ investor) [percentage of beneficia l interest in entity and name of entity]

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
(Revised 0913 .18)

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE FORM

APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

Item 1L - Page 10
RESOLUTION NO. 18834

OF THE CITY COUNCIL OF THE CITY OF PALM

SPRINGS, CALIFORNIA, ESTABLISHING A INEW
REPLACEMENT POLICY FOR CITY EQUIPMENT.

WHEREAS Resolution No. 14138, adopted on February 3, 1982, modified the City Equipment · Replacement Policy established by Resolution No. 8521, adopted November 8, 1965; and WHEREAS equipment reliability and longevity has increased as technology has b1::ien perfected subsequent to the last update of the Equipment Replacement Policy; and WHEREAS staff, utilizing best management practices during the City's continuing efforts to balance its budget, has endeavored to extend the service of City equipment beyond the established policy life of the equipment; and
WHEREAS it is now desirable to establish a new Equipment Replc1cement Polic:y to formally increase the length of time or mileage the vehicles will be ope1rated by thEi City before replacement; and
WHEREAS it is also desirable to incorporate language related to the introduction of alternate fuel vehicles in the City fleet,
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs that:

Section 1:

Section II.

Resolution #14138 and any and all other previous Resolutions related to the City Equipment Replacement are hereby rescinded.

Replacement Schedule: City vehicles shall be replaced in accordance with the following schedule, provided that the Assistant Director of Transportation, Surface Transportation & Energy (Fleet Manager) shall have the responsibility of determining whether exceptionally good or exceptionally poor vehicles shall be replaced in accordance with the Replacement Schedule or possibly retained for a greater or lessor period, and upon such determination, departure from the schedule is allowed, subject to the approval of the Director, Department of Transportation:

REPLACEMENT SCHEDULE
Vehicle Type Replacement

1. Motorcycles 4 years*

2. Staff cars 6 years 01r 70,000 mili3s
(Bought Used)

3. Police Patrol Units 3 years o:r 90,000 mif13s

4. Police Detective Units 6 years or 70,000 milias
(Bought Used)

5. Truck & PickU1ps
A. Light Duty 8 years or 80,000 mil,es
(Up To 3/4 Toni

8. 1 Ton & Over 10 years
*Note: Age is based on model year.

I
I
I
Item 1L - Page 11
I
I
I
Rl8834

Page 2 ends

6. Specialized Equipment
(Such as Fire Trucks
Sweepers, etc.)

7. Equipment Loss Due To Accident
To be determined by the Fleet
Manager in consultation with the
user Department, subject to the
approval of the Director,
Department of Transportation based
on physical inspection and analysis
of current operating cost data and
mandated Regulations.

Immediately.

Section Ill. Vehicle Assignment/Rotation: Authorized vehicles are assigned to the various user departments via the budget process. User departments shall determine whom within their department utilizes which vehicle, except that the City Manager shall authorize and assign take-home vehicles. The Fleet Manager, after consulting with user departments, and with the consent of the Director, Department of Transportation, may rotate vehicles between user departments for operational efficiency or to extend the useful life of said vehicle.

Section IV. Methods of Acquisition: The Fleet Manager shall acquire City equipment in accordance with the City's Procurement Ordinance.

Section V. Methods O'f Disposal: The Fleet Manager shall dispose of surplus equipment in accordance with the City's Procurement Ordinance. Surplus equipment may be traded in on new or used equipment provided that the value of the trade shall be included as part of the total expenditure for the purpose of determining Procurement Ordinance limits compliance.

Section VI. Alternate Fuel Vehicles: The Fleet Manager shall make every effort to incorporate alternate fuel vehicles within the fleet via purchase or conversion.

Whenever a vehicle is replaced, that operationally is suited for alternate fuel usage, there is a proven track record for the specific type of vehicle being replaced, and the specific "engine family" is approved for use in California by the California Air Resources Board, the bid shall include a comparison of gasoline/diesel equipment vs alternate fuel equipment.

Section VII. Accessories: After market accessories that are purchased to properly equip a piece of equipment to carry out its designated function, shall be included in the overall capital cost component of the City's Motor Vehicle Replacement account for the particular vehicle to ensure the vehicle user department bears the full cost of its equipment.

Section VIII. Reporting Format: When a vehicle is being replaced requiring City Council approval, the Staff Report shall include the following information:

Vehicle type, Identification Number of the vehicle (except for undercover vehicles), vehicle use characteristics, description of why it is being replaced, special needs or equipment, alternate fuel options/discussion.

ADOPTED this 5th day of June r 1996,
AYES:

NOES:

ABSENT:

ATTEST:

Members Barnes, Hodges, Oden, Spurgin and Mayor Kleindienst None
None

LIFORNIA
~~c>(
\--.::,tity Clerk
REVIEWED & APPROVED AS TO FORM.----"W,___;_,u)_. _____________ _

CITY COUNCIL STAFF REPORT
09/14/2023
SUBJECT:

APPROVE A LICENSE AGREEMENT WITH EBSCO INFORMATION SERVICES,

LLC FOR FIVE YEARS OF ACCESS TO ELECTRONIC MAGAZINE AND

NEWSPAPER ARTICLES
RECOMMENDATION:

Approve a five-year license agreement with EBSCO in the amount of $57,921 for cataloging, metadata, and interlibrary loan services.

1. Authorize the City Manager to execute all necessary documents.2.

Attachments
Item 1M

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 14, 2023 CONSENT CALENDAR

SUBJECT: APPROVE A LICENSE AGREEMENT WITH EBSCO INFORMATION

SERVICES, LLC FOR FIVE YEARS OF ACCESS TO ELECTRONIC

MAGAZINE AND NEWSPAPER ARTICLES

FROM: Scott C. Stiles, City Manager

BY: Information Technology Department

SUMMARY:

This action will approve a five-year license agreement with EBSCO Information Services, LLC “EBSCO” for access to electronic magazine and newspaper articles.

RECOMMENDATION:

1. Approve a five -year license agreement with EBSCO in the amount of $57, 921 (Attachment A) for cataloging, metadata, and interlibrary loan services.

2. Authorize the City Manager to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure Form from
EBSCO is included as Attachment B.

BACKGROUND:

EBSCO provides libraries access to electronic magazine and newspaper articles through a database subscription service for library patrons. Palm Springs Public Library has subscribed to EBSCO’s products, MasterFILE Premier and Newspaper Source Plus, since 2007 and has spent $172,599. MasterFILE Premier provides full -text magazines, reference books, and primary source documents. It also includes an extensive image collection containing photos, maps, and flags. MasterFILE Premier contains 1,579 full - text magazines and journals and 55,000 full-text primary source documents.

Newspaper Source Plus provides a full -text digital collection of the world’s major news content. It includes millions of articles from newspapers and newswires and offers television and radio transcripts and ongoing daily updates from popular news sources.

Item 1M - Page 1
City Council Staff Report
September 14, 2023 - Page 2
Agreement – EBSCO

Newspaper Source Plus contains 1,195 full-text newspapers and 148 full-text newswires.

Library patrons can easily search and retrieve content contained in these databases through EBSCOhost or Explora, EBSCO’s dedicated interface to schools and public libraries. Users can view, save, print, email, or export citations in many formats directly from the database for their homework, research, or lifelong learning.

This item was approved by City Council on July 24, 2023, but staff neglected to add the license agreement that the City will need to execute . The license agreement has now been included with the staff report as Attachment A.

STAFF ANALYSIS:

Staff desires to continue utilizing these services and would like to enter a five-year license agreement for EBSCO to continue to provide these services. This will lock in a 2% escalator per year for the next five years.

A procurement was not required as EBSCO is a sole source provider of these services , which is allowed by Title 7 Section 7.05.020 of the Municipal Code. Therefore, Staff recommends approving a five- year license agreement with EBSCO in the amount of $57,921 for access to electronic magazine and newspaper articles.

ENVIRONMENTAL ASSESSMENT
:

The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve contracts for t he above- mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

ALIGNMENT WITH STRATEGIC PLANNING:

The requested action aligns with the City Council Principle, Forward Thinking Governance.

FISCAL IMPACT
:

Sufficient funds are budgeted and available in the current fiscal year in Information Technology Department Account 1001025 50034 and will be budgeted in future fiscal years.

Item 1M - Page 2
City Council Staff Report
September 14, 2023 - Page 3
Agreement – EBSCO

REVIEWED BY:

Department Director: Larry Klingaman
Procurement & Contracting Director: Kim Baker
Deputy City Manager: Jeremy Hammond
City Manager: Scott Stiles

ATTACHMENTS:

A. License Agreement
B. Business Disclosure Form

Item 1M - Page 3

ATTACHMENT A

Item 1M - Page 4

Page | 1 Standard License Agreement
www.ebsco.com

LAST UPDATED: January 2023

EBSCO LICENSE AGREEMENT
Standard

By using the services available at this site or by making the services available to Authorized Users, the Authorized Users and the Licensee agree to comply with the following terms and conditions (the "Agreement").

For purposes of this Agreement, "EBSCO" is EBSCO Publishing, Inc.; the "Licensee" is the entity or institution that makes available databases and services offered by EBSCO; the "Sites" are the Internet websites offered or operated by Licensee from which Authorized Users can obtain access to EBSCO's Databases and Services; and the "Authorized User(s)" are employees, students, registered patrons, walk-in patrons, or other persons affiliated with Licensee or otherwise permitted to use Licensee's facilities and authorized by Licensee to access Databases or Services. "Authorized User(s)" do not include alumni of the Licensee. "Services" shall mean EBSCOhost, EBSCO Discovery Service, EBSCO eBooks, Flipster and related products to which Licensee has purchased access or a subscription. "Services" shall also include audiobooks and eBooks to which a Licensee has purchased access or a subscription and periodicals to which Licensee has purchased a subscription. "Databases" shall mean the products made available by EBSCO. EBSCO disclaims any liability for the accuracy, completeness or functionality of any material contained herein, referred to, or linked to. Publication of the servicing information in this content does not imply approval of the manufacturers of the products covered. EBSCO assumes no responsibility for errors or omissions nor any liability for damages from use of the information contained herein. Persons engaging in the procedures included herein do so entirely at their own risk.

I. LICENSE

A. EBSCO hereby grants to the Licensee a nontransferable and non-exclusive right to use the Databases and Services made available by EBSCO according to the terms and conditions of this Agreement. The Databases and Services made available to Authorized Users are the subject of copyright protection, and the original copyright owner (EBSCO or its licensors) retains the ownership of the Databases and Services and all portions thereof.

EBSCO does not transfer any ownership, and the Licensee and Sites may not reproduce, distribute, display, modify, transfer or transmit, in any form, or by any means, any Database or Service or any portion thereof without the prior written consent of EBSCO, except as specifically authorized in this Agreement.

B. The Licensee is authorized to provide on-site access through the Sites to the Databases and Services to any Authorized User. The Licensee may not post passwords to the Databases or Services on any publicly indexed websites. The Licensee and Sites are authorized to provide remote access to the Databases and Services only to their patrons as long as security procedures are undertaken that will prevent remote access by institutions, employees at non-subscribing institutions or individuals, that are not parties to this Agreement who are not expressly and specifically granted access by EBSCO. For the avoidance of doubt, if Licensee provides remote access to individuals on a broader scale than was contemplated at the inception of this Agreement then EBSCO may hold the Licensee in breach and suspend access to the Database(s) or Services. Remote access to the Databases or Services is permitted to patrons of subscribing institutions accessing from remote locations for personal, non-commercial use. However, remote access to the Databases or Services from non-subscribing institutions is not allowed if the purpose of the use is for commercial gain through cost reduction or avoidance for a non-subscribing institution.

C. Licensee and Authorized Users agree to abide by the Copyright Act of 1976 as well as by any contractual restrictions, copyright restrictions, or other restrictions provided by publishers and specified in the Databases or Item 1M - Page 5
EBSCO

Page | 2 Standard License Agreement
www.ebsco.com

Services. Pursuant to these terms and conditions, the Licensee and Authorized Users may download or print limited copies of citations, abstracts, full text or portions thereof, provided the information is used solely in accordance with copyright law. Licensee and Authorized Users may not publish the information. Licensee and Authorized Users shall not use the Database or Services as a component of or the basis of any other publication prepared for sale and will neither duplicate nor alter the Databases or Services or any of the content therein in any manner, nor use same for sale or distribution. Licensee and Authorized Users may create printouts of materials retrieved through the Databases or Services online printing, offline printing, facsimile or electronic mail. All reproduction and distribution of such printouts, and all downloading and electronic storage of materials retrieved through the Databases or Services shall be for internal or personal use. Downloading all or parts of the Databases or Services in a systematic or regular manner so as to create a collection of materials comprising all or part of the Databases or Services is strictly prohibited whether or not such collection is in electronic or print form. Notwithstanding the above restrictions, this paragraph shall not restrict the use of the materials under the doctrine of "fair use" as defined under the laws of the United States. Publishers may impose their own conditions of use applicable only to their content. Such conditions of use shall be displayed on the computer screen displays associated with such content. The Licensee shall take all reasonable precautions to limit the usage of the Databases or Services to those specifically authorized by this Agreement.

D. Authorized Sites may be added or deleted from this Agreement as mutually agreed upon by EBSCO and Licensee.

E. Licensee agrees to comply with the Copyright Act of 1976, and agrees to indemnify EBSCO against any actions by Licensee that are not consistent with the Copyright Act of 1976.

F. The computer software utilized via EBSCO's Databases and Service(s) is protected by copyright law and international treaties. Unauthorized reproduction or distribution of this software, or any portion of it, is not allowed. User shall not reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the software, or create derivative works from the software.

G. The Databases are not intended to replace Licensee's existing subscriptions to content available in the Databases.

H. Licensee agrees not to include any advertising in the Databases or Services.

II. LIMITED WARRANTY AND LIMITATION OF LIABILITY

A. EBSCO and its licensors disclaim all warranties, express or implied, including, but not limited to, warranties of merchantability, noninfringement, or fitness for a particular purpose. Neither EBSCO nor its licensors assume or authorize any other person to assume for EBSCO or its licensors any other liability in connection with the licensing of the Databases or the Services under this Agreement and/or its use thereof by the Licensee and Sites or Authorized Users.

B. THE MAXIMUM LIABILITY OF EBSCO AND ITS LICENSORS, IF ANY, UNDER THIS AGREEMENT, OR ARISING OUT

OF ANY CLAIM RELATED TO THE PRODUCTS, FOR DIRECT DAMAGES, WHETHER IN CONTRACT, TORT OR

OTHERWISE SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES RECEIVED BY EBSCO FROM LICENSEE HEREUNDER UP TO THE TIME THE CAUSE OF ACTION GIVING RISE TO SUCH LIABILITY OCCURRED. IN NO EVENT

SHALL EBSCO OR ITS LICENSORS BE LIABLE TO LICENSEE OR ANY AUTHORIZED USER FOR ANY INDIRECT,

INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES RELATED TO THE USE OF THE DATABASES OR Item 1M - Page 6
EBSCO

Page | 3 Standard License Agreement
www.ebsco.com

SERVICES OR TO THESE TERMS AND CONDITIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

C. Licensee is responsible for maintaining a valid license to the third-party resources configured to be used via the Services (if applicable). EBSCO disclaims any responsibility or liability for a Licensee accessing the third-party resources without proper authorization.

D. EBSCO is not responsible if the third-party resources accessible via the Services fail to operate properly or if the third-party resources accessible via the Services cause issues for the Licensee. While EBSCO will make best efforts to help troubleshoot problems, Licensee acknowledges that certain aspects of functionality may be dependent on third party resource providers who may need to be contacted directly for resolution.

III. PRICE AND PAYMENT

A. License fees have been agreed upon by EBSCO and the Licensee, and include all retrospective issues of the Product(s) as well as updates furnished during the term of this Agreement. The Licensee's obligations of payment shall be to EBSCO or its assignee. Payments are due upon receipt of invoice(s) and will be deemed delinquent if not received within thirty (30) days. Delinquent invoices are subject to interest charges of the maximum rate allowed by law. Failure or delay in rendering payments due EBSCO under this Agreement will, at EBSCO's option, constitute material breach of this Agreement. If changes are made resulting in amendments to the listing of authorized Sites, Databases, Services and pricing identified in this Agreement, pro rata adjustments of the contracted price will be calculated by EBSCO and invoiced to the Licensee and/or Sites accordingly as of the date of any such changes. Payment will be due upon receipt of any additional pro rata invoices and will be deemed delinquent if not received within thirty (30) days of the invoice dates.

B. Taxes, if any, are not included in the agreed upon price and may be invoiced separately. Any taxes applicable to the Database(s) under this Agreement, whether or not such taxes are invoiced by EBSCO, will be the exclusive responsibility of the Licensee and/or Sites.

IV. TERMINATION

A. In the event of a material breach of any of its obligations under this Agreement, Licensee shall have the right to remedy the material breach within thirty (30) days upon receipt of written notice from EBSCO. Within the period of such notice, Licensee shall make every reasonable effort and document said effort to remedy such a material breach and shall institute any reasonable procedures to prevent future occurrences of such breaches. If the Licensee fails to remedy such a material breach within the period of thirty (30) days, EBSCO may (at its option) terminate this Agreement upon advanced written notice to the Licensee.

B. If EBSCO becomes aware of a material breach of Licensee's obligations under this Agreement or a breach by Licensee or Authorized Users of the rights of EBSCO or its licensors or an infringement on the rights of EBSCO or its licensors, then EBSCO will notify the Licensee immediately in writing and shall have the right to temporarily suspend the Licensee's access to the Databases or Services. Licensee shall be given the opportunity to remedy the breach or infringement within thirty (30) days following receipt of written notice from EBSCO. Once the breach or infringement has been remedied or the offending activity halted, EBSCO shall reinstate access to the Databases or Services. If the Licensee does not satisfactorily remedy the offending activity within thirty (30) days, EBSCO may terminate this Agreement upon written notice to the Licensee.

C. The provisions set forth in Sections I, II and V of this Agreement shall survive the term of this Agreement and shall continue in force into perpetuity.

Item 1M - Page 7
EBSCO

Page | 4 Standard License Agreement
www.ebsco.com

V. NOTICES OF CLAIMED COPYRIGHT INFRINGEMENT

EBSCO has appointed an agent to receive notifications of claims of copyright infringement regarding materials available or accessible on, through, or in connection with our services. Any person authorized to act for a copyright owner may notify us of such claims by contacting the following agent: Kim Stam, EBSCO Publishing, 10 Estes Street, Ipswich, MA 01938; phone: 978-356-6500, fax: 978-356-5191; email: [email protected]. In contacting this agent, the contacting person must provide all relevant information, including the elements of notification set forth in 17 U.S.C. 512.

VI. GENERAL

A. Neither Party will be liable or deemed to be in default for any delays or failure in performance resulting directly or indirectly from any cause or circumstance beyond its reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authority, rain, fire, flood, accidents, earthquake(s), strikes or labor shortages, transportation facilities shortages or failures of equipment, or failures of the Internet.

B. This Agreement and the license granted herein may not be assigned by the Licensee to any third party without written consent of Parties.

C. If any term or condition of this Agreement is found by a court of competent jurisdiction or administrative agency to be invalid or unenforceable, the remaining terms and conditions thereof shall remain in full force and effect so long as a valid Agreement is in effect.

D. If the Licensee and/or Sites use purchase orders in conjunction with this Agreement, then the Licensee and/or Sites agree that the following statement is hereby automatically made part of such purchase orders: "The terms and conditions set forth in the EBSCO License Agreement are made part of this purchase order and are in lieu of all terms and conditions, express or implied, in this purchase order, including any renewals hereof."

E. This Agreement and our Privacy Policy represent the entire agreement and understanding of the parties with respect to the subject matter hereof and supersede any and all prior agreements and understandings, written and/or oral. There are no representations, warranties, promises, covenants or undertakings, except as described in this Agreement and our Privacy Policy.

F. EBSCO grants to the Licensee a non-transferable right to utilize any IP addresses provided by EBSCO to Licensee to be used with the Services. EBSCO does not transfer any ownership of the IP addresses it provides to Licensee. In the event of termination of the Licensee's license to the Services, the Licensee's right to utilize such IP addresses will cease.

G. All information that EBSCO collects when Licensee accesses, uses, or provides access to, the Databases and Services is subject to EBSCO’s Privacy Policy, which is incorporated herein by reference. By accessing or using the Databases and/or Services, you consent to all actions taken by EBSCO with respect to your information in compliance with the Privacy Policy.

Item 1M - Page 8
EBSCO

Page | 5 Standard License Agreement
www.ebsco.com

DATA PROCESSING ADDENDUM

This Data Processing Addendum (the “Addendum”) supplements the EBSCO License Agreement (the “Agreement”) between the Customer (“Customer”) and EBSCO Publishing, Inc. (“EBSCO”).

1. Definitions

1.1 For the purpose of this Addendum the terms, “Controller,” “Processor,” “Data Subject,” “Personal Data,” “Personal Data Breach,” “Processing,” “Subprocessor,” and “Supervisory Authority” shall have the same meanings as in applicable Data Protection Legislation, and their related terms shall be construed accordingly.

1.2 “Appropriate technical and organizational measures" shall be interpreted in accordance with applicable Data Protection Legislation.

1.3 “Customer Personal Data” means the Personal Data that is provided by Customer to EBSCO or that is processed by EBSCO on Customer’s behalf in connection with the Agreement.

1.4 “Data Protection Legislation” means all applicable data protection and privacy legislation in force from time to time where EBSCO does business, including the General Data Protection Regulation, Regulation (EU) 2016/679 of the European Parliament and of the Council (the “GDPR”), the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC), the California Consumer Privacy Act of 2018, Cal. Civ. Code § 1798.100, et seq. (the “CCPA”), and all other applicable laws and regulations relating to the Processing of Personal Data, including any legislation that implements or supplements, replaces, repeals and/or supersedes any of the foregoing.

1.5 “International Data Transfer” means the transfer (either directly or via onward transfer) of Personal Data from within the European Economic Area/United Kingdom (as applicable) to a country not recognized by the European Commission as providing an adequate level of protection for Personal Data (as described in the GDPR).

1.6 “User Personal Data” means the Personal Data provided directly by Customer’s end users to EBSCO through the products and services purchased by Customer.

2. Data Processing: EBSCO as Processor for Customer

2.1 Where Customer Personal Data is processed by EBSCO, EBSCO will act as the Processor and the Customer will act as the Controller.

2.1.1 Subject Matter. The subject matter of the Processing is the Customer Personal Data.

2.1.2 Duration. The Processing will be carried out for the duration set forth in the Agreement.

2.1.3 Nature and Purpose. The purpose of the Processing is the provision of products and services to the Customer purchased by the Customer from time to time.

2.1.4 Type of Customer Personal Data and Data Subjects. Customer Personal Data consists of the following categories of information relevant to the following categories of Data Subjects:

Item 1M - Page 9
EBSCO

Page | 6 Standard License Agreement
www.ebsco.com

(a) Representatives of Customer: name, address; email address; billing information; login credentials; geolocation data; and professional affiliation. (b) Customer’s end users of the EBSCO products and services purchased by Customer (where personalized account information is provided to EBSCO by Customer):
name; address; and email address.

2.2 EBSCO shall not Process Customer Personal Data other than on the Customer’s documented instructions (as set forth in this Addendum or the Agreement or as otherwise directed by Customer in writing). EBSCO will not Process Customer Personal Data for any purpose, including for any commercial purpose, other than for the specific purpose of performing the services specified in the Agreement. If Processing of Customer Personal Data inconsistent with the foregoing provisions of this section is ever required by applicable Data Protection Legislation to which EBSCO is subject, EBSCO shall, to the extent permitted by applicable Data Protection Legislation, inform the Customer of that legal requirement before proceeding with the relevant Processing of that Customer Personal Data.

2.3 EBSCO will notify Customer promptly if an instruction for the Processing of Customer Personal Data infringes applicable Data Protection Legislation.

2.4 EBSCO shall ensure that all personnel who have access to and/or Process the Customer Personal Data are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.

2.5 EBSCO shall, in relation to the Customer Personal Data, implement appropriate technical and organizational measures to protect against unauthorized or unlawful Processing of Customer Personal Data and against accidental loss or destruction of, or damage to, Customer Personal Data.

When considering what measure is appropriate, each party shall have regard to the state of good practice, technical development and the cost of implementing any measures to ensure a level of security appropriate to the harm that might result from such unauthorized or unlawful Processing or accidental loss or destruction, and to the nature of the data to be protected.

2.6 EBSCO shall assist Customer, taking into account the nature of the Processing, (A) by appropriate technical and organizational measures and where possible, in fulfilling Customer’s obligations to respond to requests from data subjects exercising their rights under Applicable Data Protection Legislation; (B) in ensuring compliance with the obligations pursuant to Articles 32 to 36 of the GDPR, taking into account the nature of the Processing and the information available to EBSCO; and (C) by making available to Customer all information reasonably requested by Customer for the purpose of demonstrating that Customer’s obligations relating to the appointment of processors as set out in Article 28 of the GDPR have been met.

2.7 EBSCO shall promptly notify Customer upon becoming aware of any confirmed Personal Data Breach affecting the Customer Personal Data.

2.8 Upon termination of the Agreement, EBSCO shall, at Customer’s election, securely delete or return Customer Personal Data and destroy existing copies unless preservation or retention of such Customer Personal Data is required by any applicable law to which EBSCO is subject.

2.9 EBSCO shall allow Customer and Customer’s authorized representatives to access and review up-to- date attestations, reports, or extracts thereof from independent bodies (e.g., external auditors, data Item 1M - Page 10
EBSCO

Page | 7 Standard License Agreement
www.ebsco.com

protection auditors) or suitable certifications, or to conduct audits or inspections to ensure compliance with the terms of this Addendum. Any audit or inspection must be conducted during EBSCO’s regular business hours, with reasonable advance notice to EBSCO and subject to reasonable confidentiality procedures. In addition, audits or inspections shall be limited to once per year.

EBSCO shall, in the event of third-party subprocessing that is subject to Data Protection Legislation, (A) inform Customer and obtain its prior written consent (execution of this Addendum shall be deemed as Customer’s prior written consent to such third-party subprocessing); (B) provide a list of third-party Subprocessors upon Customer’s request; and (C) inform Customer of any intended changes to third-party Subprocessors, and give Customer a reasonable opportunity to object to such changes. If EBSCO provides Personal Data to third-party Subprocessors, EBSCO will include in its agreement with any such third-party Subprocessor terms which offer at least the same level of protection for the Customer Personal Data as those contained herein and as are required by applicable Data Protection Legislation.

3. Data Processing: EBSCO as Joint Controller With Customer

3.1 EBSCO and Customer shall act as joint Controllers with respect to User Personal Data.

3.2 EBSCO shall be responsible for providing Customer’s end user Data Subjects with the information required under GDPR Articles 13 and 14 (including by identifying a contact point for Data Subjects) before processing User Personal Data, and with informing Customer’s end users of the essence of EBSCO’s arrangement with Customer.

3.3 EBSCO shall provide Customer’s end user Data Subjects with the ability to exercise their individual rights with respect to User Personal Data within a self-service portal.

4. International Data Transfer

4.1 To the extent that any Customer Personal Data is subject to any International Data Transfer, the parties agree to be bound by, and all terms and provisions of the Controller to Processor Standard Contractual Clauses adopted by the European Commission (“Processor Model Clauses”) shall be incorporated by reference to this Addendum with the same force and effect as though fully set forth in this Addendum, wherein:

4.1.1 Customer is the “data exporter” and EBSCO International, Inc. is the “data importer;” and

4.1.2 The provisions of Module Two are incorporated; the provisions under Modules One, Three, and Four, the footnotes, and Clauses 9, 11(a) Option and 17 Option 1 are omitted; the clauses shall be governed by the law of Ireland; and the competent supervisory authority is Ireland.

4.2 To the extent that any User Personal Data is subject to any International Data Transfer, the parties the parties agree to be bound by, and all terms and provisions of the Controller to Controller Standard Contractual Clauses adopted by the European Commission (“Controller Model Clauses”) shall be incorporated by reference to this Addendum with the same force and effect as though fully set forth in this Addendum, wherein:

4.2.1 Customer is the “data exporter” and EBSCO is the “data importer;” and Item 1M - Page 11
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4.2.2 The provisions of Module One are incorporated; the provisions under Modules Two, Three and Four, the footnotes, and Clauses 9, 11(a) Option and 17 Option 1 are omitted; the clauses shall be governed by the law of Ireland; and the competent supervisory authority is Ireland.

4.3 The Processor Model Clauses and Controller Model Clauses shall be collectively, the “Standard Contractual Clauses.” The applicable version of the Standard Contractual Clauses is those which were approved by the European Commission on June 4, 2021. In the event that the Standard Contractual Clauses are updated, replaced, amended or re-issued by the European Commission (with the updated Standard Contractual Clauses being the “New Contractual Clauses”) during the term of this Addendum, the New Contractual Clauses shall be deemed to replace the Standard Contractual Clauses and the parties undertake to be bound by the terms of the New Contractual Clauses effective as of the date of the update (unless either party objects to such change) and the parties shall execute a form of the New Contractual Clauses.

4.4 The descriptions required by the Annexes of the Standard Contractual Clauses are replaced by the information in Schedule 1, Schedule 2, and Schedule 3 of this Addendum.

4.5 To the extent that the UK Information Commissioner’s Office issues any standard contractual clauses for the purpose of making lawful International Data Transfers during the term of this Addendum that will impact the transfers of Customer Personal Data or User Personal Data (with such clauses being the “UK Standard Contractual Clauses”), to the extent possible, the UK Standard Contractual Clauses shall be deemed to be incorporated into this Addendum and the parties undertake to be bound by the terms of the UK Standard Contractual Clauses effective as of the date of their issuance (unless either party objects to such change) and the parties shall execute a form of the UK Standard Contractual Clauses.

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Schedule I

List of Parties and Description of
Data Transfers

A. LIST OF PARTIES

Data exporter(s): [Identity and contact details of the data exporter(s) and, where applicable, of its/their data protection officer and/or representative in the European Union]

1. Name:

Address:

Contact person’s name, position and contact details:

Activities relevant to the data transferred under these Clauses:

Signature and date:

Role (controller/processor): Controller and Joint Controller

2. Additional Information: EBSCO and Customer shall act as Joint Controllers with respect to User Personal Data (as defined in the Agreement). The Joint Controllers shall perform the following responsibilities accordingly:

Customer EBSCO
- Personalization: Customer decides whether
to enable features of personalized accounts
in product
- Authorize the processing of end user data by
EBSCO via the Agreement between parties
o Provide legal basis for processing end
user data
o Establish the purposes and scope of
processing
- Implementation of technical and
organizational measures to ensure security of
network
o Access controls – provide guidelines
to EBSCO for authorizing who may
access the product under the
customer’s subscription
- Data Subject Access Requests
o As needed, provides details of
requests to EBSCO if request is
received by Customer from end users
(in the event that an end user
submits a request through Customer
rather than through EBSCO)

- Implementation of organizational and
technical measures
o See Annex II and Security Whitepaper
for details
- Maintenance and support of product
o Security patches
o Feature updates
o Technical support
o Availability and up-time
- Data storage, including backups
- Establish the purposes and scope of
p
rocessing via the Agreement between
Parties
- Data Subject Access Requests
o Receives and processes Data Subject
Access Requests and honors the data
subject rights of information, access,
rectification, erasure, restricted
processing, data portability, right to
object, and the right to avoid
automated decision-making
o Manages the contact form, email
address, and phone number for
intake of privacy requests
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Customer EBSCO
o Upon request, notifies customer of
data subject request
- Provide legal basis for processing end user
d
ata
o Agreement between parties
establishes contract to provide
services
o Collection of individual consent and
acceptance of terms of use, privacy
policy, etc. from end users
- Incident response
o Implementation of process
o Notification of customer
- Subprocessors - vetting and notifying
customer of new subprocessors
- Privacy Risk Assessments – conduct PRA/DPIA
as needed for vendors, features, products,
etc. which process personal information

Data importer(s):

For Customer Personal Data:

1. Name: EBSCO International, Inc.

Address: 10 Estes Street, Ipswich, MA 01938
Contact person’s name, position and contact details:

Activities relevant to the data transferred under these Clauses: Academic and scholastic research Signature and date:

Role (controller/processor): Joint Controller and Processor

2. Additional Information: Customer will act as the Controller of Customer Personal Data where Customer Personal Data is processed by EBSCO. EBSCO will act as the Processor of Customer Personal Data. “Customer Personal Data” means the Personal Data that is provided by Customer to EBSCO or that is processed by EBSCO on Customer’s behalf in connection with the Agreement.

For User Personal Data:

1. Name: EBSCO International, Inc.

Address: 10 Estes Street, Ipswich, MA 01938
Contact person’s name, position and contact details:

Activities relevant to the data transferred under these Clauses: Academic and scholastic research, creation and creation of user profiles
Signature and date:

Role (controller/processor): Joint Controller and Processor

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2. Additional Information: Customer will act as the Controller of User Personal Data where User Personal Data is processed by EBSCO. EBSCO will act as the Joint Controller of User Personal Data.

“User Personal Data” means the Personal Data provided directly by Customer’s end users to EBSCO through the products and services purchased by Customer.

B. DESCRIPTION OF TRANSFER

Categories of data subjects whose personal data is transferred: Entity information required for handling the subscription and users of applications, including but not limited to students, teachers, employees, authors.

Categories of personal data transferred: First name, last name, email address, authentication information, search information, research notes.

Sensitive Data transferred (if applicable), and applied restrictions or safeguards that fully take into consideration the nature of the data and the risks involved: Not Applicable.

The frequency of the transfer (e.g., whether the data is transferred on a one-off or continuous basis):

Continuous.

Nature of the processing: Providing access to EBSCO databases; storing user information in customized profiles; facilitating the retrieval of user search history.

Purpose(s) of the data transfer and further processing: To perform the obligations between the parties, per the Agreement, to provide research tools, to personalize the experience and to prevent harvesting. The period for which the personal data will be retained, or, if that is not possible, the criteria used to determine that period: As long as reasonably necessary, some personalization information will be held until deletion is requested by a customer or user.

For transfers to (sub-) processors, also specify subject matter, nature and duration of the processing:

Subject Matter: First name, last name, email address, authentication information, search information, research notes

Nature of processing: The nature of processing includes the following: Data storage and software delivery, consent management, fulfilling data subject rights requests. Please also see Annex III, List of Subprocessors, for comprehensive information about how specific subprocessors process data.

Duration: Continuous

C. COMPETENT SUPERVISORY AUTHORITY

The competent supervisory authority, in accordance with Clause 13, is the Supervisory Authority of Ireland.

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Schedule II

Technical and Organizational
Measures Including Technical and
Organizational Measures to Ensure
the Security of Data

EBSCO shall maintain and use appropriate safeguards to prevent the unauthorized access to or use of Customer Personal Data and to implement administrative, physical and technical safeguards to protect Customer Personal Data. Such safeguards shall include:

1. Network and Application Security and Vulnerability Management:

a. Measures of pseudonymization and encryption of personal data:

Personal data is encrypted at rest using the 256-bit Advanced Encryption Standard (AES-256), and in transit using Transport Layer Security (TLS) encryption. Cryptographic key management is in place as outlined in National Institute of Science and Technology (NIST) standard 800-57.

b. Measures for ensuring ongoing confidentiality, integrity, availability and resilience of processing systems and services:

EBSCO has an ongoing commitment to certification against relevant International Organization for Standardization (ISO) standards, including ISO standards 27001, 27017, 27018 and 27701 both on-premise and at Amazon Web Services (AWS) managed data centers. EBSCO is hosted both within the Amazon Web Services platform and within legacy on premise data centers in Ipswich, MA and Boston, MA. Applications and data are distributed for purposes of high availability and resilience. Features such as automatic recovery and automatic scaling have been implemented. Applications together with their container configuration can be redeployed within minutes, if necessary.

c. Measures for ensuring the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident:

All applications and data are distributed across multiple nodes and the nodes are distributed across multiple availability zones within Amazon Web Services to ensure high availability of the service. The use of a container-based architecture further helps to ensure high availability of the service. For example, applications automatically restart if they encounter issues and if a specific node fails, it is removed from service and traffic is directed to the remaining ‘healthy’ nodes. Where appropriate, nodes are set to automatically scale to handle unexpected spikes in traffic. Regular service management meetings review the performance and future capacity needs of the service. The infrastructure enables horizontal and vertical scaling to be implemented with significantly reduced lead times compared to a physical infrastructure.

For our legacy on premise, EIS employs two concurrent data centers with failover capabilities in the event that one of the sites experiences an outage. EBSCO’s on-premise data centers are protected with uninterruptable power supplies, fire suppression systems and limited access only to personnel necessary for the ongoing operation of the data centers.

EBSCO continuously monitors service availability. The current status can be found here:
https://status.ebsco.com/
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d. Processes for regularly testing, assessing, and evaluating the effectiveness of technical and organizational measures in order to ensure the security of the processing:

EBSCO contracts third party penetration testing on an annual basis. In addition, vulnerability scans are conducted through an automated code deployment pipeline. Our production environment is scanned continuously. We employ a managed 24/7 security operations team to continuously monitor our environment. EBSCO regularly applies security updates to our environment following our comprehensive vulnerability management process. These updates are done on a rolling basis using a Scaled Agile Framework for Enterprises (SAFe).

Organizational measures are reviewed twice annually, through an internal audit as well as an external audit conducted on an annual basis by accredited third party auditors. In addition, regular access reviews to sensitive data and systems are conducted on a regular basis.

EBSCO continually evaluates the security of its network and associated Services to determine whether additional or different security measures are required to respond to security risks or findings generated by periodic reviews.

e. Measures for the protection of data during tran
smission:

All data is encrypted in transit using TLS, both from the users’ browser to the applications as well as data in transit between EBSCO systems and subprocessors.

f. Measures for the protection of data during storage:

Personal Data is encrypted at rest using the 256-bit Advanced Encryption Standard (AES-256).

All data storage is isolated from the public internet by a dedicated firewall to ensure only EBSCO personnel can access the database.

g. Measures for ensuring system configuration, including default configuration:

Standardized system configurations are enforced through automated code deployment pipelines where appropriate.

h. Measures for internal IT and IT security governance and management:

EBSCO’s Governance Risk and Compliance (GRC) Team maintains the EBSCO Information Security and Privacy Management system (ISPMS). The ISPMS is continuously monitored and improved to conform to or exceed the standards required by ISO 27001, ISO 27701, ISO 27017, and ISO 27108. The EBSCO ISPMS is comprised of the ISMS-Information Security Management System and PIMS-Privacy Information Management System. External and internal audits of the ISPMS are performed on an annual basis. Security logs are monitored continuously.

i. Measures for certification/a
ssurance of processes and products:

In addition to the measures for internal IT management and IT security governance above, regular, mandatory training is delivered through an online learning platform to ensure all staff are familiar with their responsibilities and up to date with policies and procedures. Clear processes are in place to manage security related incidents and to liaise with law enforcement if required.

j. Measures for ensuring data minimization:

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required functions and allow its customers and user patrons the ability to extend the minimum default data set if required.

k. Measures for ensuring data quality:

Institutions and end users have the ability to review and update their information through a self-service module, or through contacting EBSCO according to the Privacy Policy. Where applicable, data validation controls are implemented in our environment.

2. Logical access controls:

a. Measures for user identification and authorization:

A small number of the EBSCO Team with responsibilities for administering and supporting the system have access to the production environment and databases. This is strictly controlled by role and requires two-factor authentication to gain access.

Customer Administrator access to end user data is only possible through using an EBSCOadmin administrator account. Only personnel designated by the customer and a small number of EBSCO’s privileged users have access to this information.

Customers have the ability to set up different authentication options. Options include, but are not limited to, integration through Single Sign On (SSO) using SAML 2.0, username and password, IP whitelist authentication, patron ID, Google Campus Activated Subscriber Access (CASA), Universal CASA and Cookies.

3. Secure media disposal controls:

a. Measures for ensuring limited data retention:

It is vital that personal data stored within EBSCO’s systems meets the requirements for data privacy and protection and part of that is ensuring personal data is not retained beyond what is necessary for the defined purpose.

In many cases, EBSCO allows the ability for customers to anonymize end user data by pseudonymized SSO configuration or removing the option for User Patrons to personalize.

b. Measures for allowing data portability and ensuring erasure:

Upon request or through the self-service module, EBSCO customers can extract Database Usage Reports, Interface Usage Reports, Link Activity Reports, Login Usage Report and Title Usage Reports. This data can also be obtained upon request at contract termination, or at any time through EBSCOadmin.

4. Logging Controls:

a. Measures for ensuring events logging:

EBSCO allows customers to view database usage reports, interface usage reports, link activity reports, login usage reports and title usage reports through EBSCOadmin.

EBSCO employs Security Information and Event Management (SIEM) logs across our resources.

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security operations center (SOC). No customer action is required, and customers do not have access to these internal logs.

5. Personnel Controls:

Contracts for new staff and the onboarding process emphasize individual responsibilities for information security and the potential penalties for misuse. Staff resignations trigger an automated process to ensure access rights to EBSCO’s systems are revoked in a timely fashion.

The IT Acceptable Use Agreement covers the acceptable use of EBSCO’s information assets. It is issued to both permanent and contract staff and forms part of the induction for new starters.

Security awareness training is delivered through EBSCO’s online training platform. It is delivered at least annually and is mandatory for all employees.

6. Physical security and environmental controls:

a. Measures for ensuring physical security of locations at which personal data are processed:

EBSCO is committed to ensuring the safety of its employees, contractors and assets and takes the issue of physical security very seriously. EBSCO has a comprehensive set of physical security controls which ensure that its data centers and offices are sufficiently protected.

Access to data centers is limited only to necessary personnel, and all access is logged and reviewed for abnormalities.

EBS
CO also contracts with AWS for the processing of customer data. AWS provides world class security within their hosted data centers. For more information on physical security in AWS hosted environments see: https://aws.amazon.com/compliance/datacenter/controls.

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Schedule III

List of Subprocessors

MODULE TWO: Transfer controller to processor

Last Updated: October 18, 2022

The controller has been notified of the use of the subprocessors listed below may be utilized at the time of contract execution. For an updated list of subprocessors, please see www.ebsco.com/subprocessors.

Data Center Facility Providers
The following providers are used to store EBSCO data and deliver EBSCO products and services.

Name Purpose Location
Amazon Web Services (AWS)

Most EBSCO products primarily use
AWS for data storage and software
delivery
United States for most products.

Certain software products allow
customers to choose hosting options
in other regions
Markley Group EBSCO uses the Markley data center
as backup to its main on-premises
legacy data center in Ipswich, MA
United States

Software as a Service
The various software packages below are used to monitor, manage and/or enhance the platform

Name Purpose Location
Alation Data cataloging United States
Amplitude Application metrics and analysis tool United States Auth0 SSO authentication services United States
ChurnZero Product usage analysis United States
FullStory Application metrics and analysis tool United States OneTrust Data Subject Access Right request
software and consent management
forms
United States
Optimizely Application feature optimization,
experimentation and rollout tool
United States
Osano Cookie management United States
Snowflake Data warehousing United States
Navisite (Velocity Cloud) Software delivery platform, hosting and services
United States

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Staff Augmentation
EBSCO augments its internal staff with assistance from the following staffing providers

Name Purpose Location
InfoSys Software development support India
EPAM Software development support India, Europe
NES Customer support—NES staff work
within EBSCO-managed offices using
EBSCO-managed workstations
India

Resold Products
EBSCO resells the following products that hold personal information

Name Purpose Location
OpenAthens (Jisc) Optional single sign-on product for
customers
United Kingdom
Thought Industries (Accel5) Accel5, a business skills product, is managed by Thought Industries
United States

Marketing/Administrative Subprocessors
As part of the marketing, billing and administrative process, EBSCO uses these vendors to process purchaser and prospect data on EBSCO.com. EBSCO does not share account information on end users for institutionally purchased products such as EBSCOhost, EBSCO Discovery Service, DynaMed, etc., with these subprocessors.

Name Purpose Location
Adobe Marketing United States
Celigo Sales and prospecting support tools United States CyberSource Payment processing United States
DocuSign Contract management United States
Facebook Marketing pixels United States
Microsoft Email, Office 365 United States
OptInMonster Marketing United States
Qlik Data analytics United States
Shopify Direct-to-consumer product purchasing United States Stripe Payment Processing United States
Google Analytics EBSCO.com marketing pixels United States NetSuite (NetCRM) Customer Relationship Manager United States SalesForce Customer Relationship Manager United States

Item 1M - Page 21
EBSCO
Quotation Proposal Provided for:

PALM SPRINGS PUBLIC LIBRARY
Submitted by: EBSCO
Prepared by: LAUREN WEYBURN
Phone: (978) 414-0463
Email: [email protected]
Date of quote: June 27, 2023
Offer Valid for 90 days from date of quote
Item 1M - Page 22
EBSCO
Products
PS PL: Custom 5-Year Database Package with Annual Billing $57,921.00 Term (in months) Price
MasterFILE Reference eBook Subscription-1 60
MasterFILE Premier : HOST 60
Newspaper Source Plus-1 60
Total: $57,921.00
The above excludes all applicable tax
Offer expires September 25, 2023 Currency: USD
Product
Descriptions
MasterFILE Premier
Designed specifically for public libraries, this database provides full-text magazines, reference books and primary source documents.

It also includes an extensive image collection containing photos, maps and flags.

Newspaper Source Plus
Newspaper Source Plus provides a full-text digital collection of the world's major news content. It includes millions of articles from newspapers, newswires and news magazines. In addition, it offers television and radio transcripts and ongoing daily updates from popular news sources.

Additional
Information Annual Price Outline Year 23-24: $11,130 Year 24-25: $11,353 Year 25-26: $11,580 Year 26-27: $11,811 Year 27-28: $12,047 Terms and
Conditions
Prices for EBSCO proprietary databases include unlimited local and remote access (for authorized users of the institution). EBSCO Information Services price quotations are strictly prohibited from being placed on a library's homepage or anywhere else on the World Wide Web. Payment terms net 30 days. Prices are subject to tax, if applicable. EDS pricing is contingent upon the customer supplying catalog data to EBSCO in MARC record format.
(WSR773918)June 27, 2023 Valid through September 25, 2023 Item 1M - Page 23
liJBtl Quotation

ATTACHMENT B

Item 1M - Page 24
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

(Revised 09 13 18)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

EBSCO Information Services, LLC

2. Address of Entity (Principle Place of Business)

10 Estes St, Ipswich, MA, 01938

3. Local or California Address (if different than #2)

4. State where Entity is Registered with Secretary of State

Delaware
If other than California, is the Entity also registered in California? F Yes F No

5. Type of Entity

F Corporation F Limited Liability Company F Partnership F Trust F Other (please specify)

Timothy R. Collins
F Officer F Director F Member F Manager
[name]
F General Partner F Limited Partner

F Other President

Allen Powell, Sam Brooks, Alex Saltzman, Bowen Thagard, Patricia Carroll, Mandy Catrett, Heather Moore
F Officer F Director F Member F Manager
[name]
F General Partner F Limited Partner

F Other Vice Presidents

Tyler Novak
F Officer F Director F Member F Manager
[name]
F General Partner F Limited Partner

F Other Secretary
Item 1M - Page 25
-
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

(Revised 09 13 18)

7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity

EXAMPLE

JANE DOE

[name of owner/investor]

50%, ABC COMPANY, Inc.

[percentage of beneficial interest in entity
and name of entity]
A. EBSCO Industries, Inc., is a private, family-owned
company. The overall beneficial ownership of the
company is with the founding Stephens family, from
Birmingham, Alabama (USA).

Under the rules of attribution, the family owns 99% of the company.

[percentage of beneficial interest in
entity
and name of entity] B.

[name of owner/investor]

[percentage of beneficial interest in
entity
and name of entity]
C.

[name of owner/investor]

[percentage of beneficial interest in
entity
and name of entity]
D.

[name of owner/investor]

[percentage of beneficial interest in
entity
and name of entity]
E.

[name of owner/investor]

[percentage of beneficial interest in entity
and name of entity]

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title Date

Alex Saltzman, Senior Vice President of Inside Sales, 6/28/2023

Item 1M - Page 26

CITY COUNCIL STAFF REPORT
09/14/2023
SUBJECT:

AUTHORIZE AN INCREASE TO PURCHASE ORDER NO. 20000738 IN AN AMOUNT NOT TO EXCEED $120,160 WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC., FOR THE CITY OF PALM SPRINGS STORM DRAIN LINE 20, STAGE 3, CITY PROJECT 19-15
RECOMMENDATION:

Authorize an increase to Purchase Order No. 20000738 in an amount not to exceed $120,160 with Engineering Resources of Southern California, Inc., an “on-call” civil engineering firm, for post-design and construction support services during construction.

1. Authorize the City Manager or designee to execute all necessary documents.2.

Attachments
Item 1N

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 14, 2023 CONSENT CALENDAR

SUBJECT: A UTHORIZE AN INCREASE TO PURCHASE ORDER NO. 20000738 IN AN AMOUNT NOT TO EXCEED $ 120,160 WITH ENGINEERING
RESOURCES OF SOUTHERN CALIFORNIA, INC., FOR THE CITY OF PALM SPRINGS STORM DRAIN LINE 20, STAGE 3 , CITY PROJECT 19-15

FROM: Scott C. Stiles, City Manager

BY: Engineering Services Department

SUMMARY:

Approval of this item will allow the City to proceed with the construction of the City of Palm Springs Storm Drain Line 20, Stage 3, City Project No. 19-15.

RECOMMENDATION:

1. Authorize an increase to Purchase Order No. 20000738 in an amount not to exceed $120,160 with Engineering Resources of Southern California, Inc., an “on- call” civil engineering firm, for post-design and construction support services during construction.

2. Authorize the City Manager or designee to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure Form from Engineering Resources of Southern California, Inc., is included as Attachment A.

BACKGROUND:

Storm Drain Line 20 has been identified by Staff as the City's highest priority master planned storm drain facility and will address the flooding problem that exists on Ramon Road at Farrell Drive and on Tahquitz Canyon Way at Farrell Drive. The City's Master Plan of Drainage was established in 1982 by Riverside County Flood Control & Water Conservation District (RCFC). RCFC is a separate legal public agency of Riverside Item 1N - Page 1
City Council Staff Report
September 14, 2023 -- Page 2
PO Increase for CP 19-15

County with seven zones throughout Riverside County. RCFC is administered by a five - member Board consisting of the Board of Supervisors.

The City of Palm Springs, Desert Hot Springs, and a portion of Cathedral City are located in Zone 6 of RCFC, with the remainder of the Coachella Valley located within a separate flood control district – the Coachella Valley Water District. Regionally , significant flood control facilities are identified on Master Drainage Plans, and the City's Master Drainage Plan is implemented jointly by the City and RCFC through revenues generated by RCFC through property tax assessments, and revenues generated by the Cit y through developer impact fees (drainage fees).

Master-planned storm drain facilities are significantly expensive to construct, leading to delays in implementing the Master Plan of Drainage until enough funds have been accumulated by RCFC and/or the City to cover the cost. The last master -planned storm drain facility was constructed by the City in 2009.

On July 24, 2019, the City of Palm Springs approved a Purchase Order to Engineering Resources of Southern California, Inc. (ERSC) to provide design services to prepare Plans, Specifications and Estimates (PS&E) for the Palm Springs Storm Drain Line 20, City Project No. 19-15, (the "Project").

STAFF ANALYSIS:

On August 2, 2023, Engineering Resources of Southern California submitted a formal proposal for post-design and construction support services for City of Palm Springs Storm Drain Line 20, Stage 3. Included in the formal proposal are professional services for a total not to exceed amount of $120 ,160. A copy of their proposal is included as Attachment B. These services are typically required for most capital projects.

ENVIRONMENTAL ASSESSMENT
:

Staff has prepared and filed a Notice of Determination with the State Clearing House for this Project. Staff has satisfied the CEQA requirements for this Project.

ALIGNMENT WITH STRATEGIC PLANNING:

This project aligns with City Council Priority 2A – Improve City Facilities – and will assist in implementing the strategic planning task to Prioritize Deferred Maintenance.

FISCAL IMPACT:

Sufficient funds are budgeted and available in the Capital Projects Fund. The Project is also funded by Riverside County Flood Control. RCFC will provide a financial contribution not to exceed $7,520,000 towards construction and environmental documents needed for the Project.

Item 1N - Page 2
City Council Staff Report
September 14, 2023 -- Page 3
PO Increase for CP 19-15

REVIEWED BY:

City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles

ATTACHMENTS:

A. Attachment A – Public Integrity Disclosure Form
B. Attachment B - ERSC Proposal dated August 2, 2023

Item 1N - Page 3

Attachment A
Item 1N - Page 4
Item 1N - Page 5

1. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Engineering Resources of Southern California, Inc.

2. Address of Entity (Principle Place of Business)
1861 W. Redlands Blvd., Redlands, CA 92373

3. Local or California Address (if different than #2)

4. . State where Entity is Registered with Secretary of State California
If other than California, is the Entitv also reaistered in California? n Yes n No

5. Type of Entity
0 Corporation D Limited Liability Company D Partnership D Trust D other (please specify)

Page 21 of 48 ends

Item 1N - Page 6
other

7. Owners/Investors with a 5% beneficial interest in the Applicant Entitv or a related entitv

EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entityl
A.

John M. Brudin 74% Engineering Resources of Southern California, Inc. [name of owner/investor] [percentage of beneficial interest in entitv and name of entitvl
B.

Moe Ahmadi 13% Engineering Resources of Southern California, Inc. [name of owner/investor] [percentage of beneficial interest in entitv and name of entitv]
C.

Ronald Worthington 13% Engineering Resources of Southern California, Inc. [name of owner/investor] [percentage of beneficial interest in entitv and name of entitvl
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitv]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
I DECLAF,E U~ER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA T AT THE FOREGOING IS TRUE AND CORRECT.

Sig~, f D/6sing Party, Printed Name, Title Date
John M. rudin, Presdient June 11, 2019

Page 22 of 48 ends

Attachment B
Item 1N - Page 7
1861 W . Redlands Blvd. | Redlands, CA 92373
(909) 890-1255 | [email protected] | www.erscinc.com
Y ears of Service
Celebrating
Engineering Resources of Southern California, Inc.

Since 1996
August 2, 2023
Mr. Andrew Crider, PE - Senior Civil Engineer
Department of Public Works
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Re: CONTRACT AMENDMENT TO PROVIDE THE CITY WITH POST DESIGN AND CONSTRUCTION SUPPORT SERVICES FOR CONSTRUCTION OF THE CITY OF PALM SPRINGS MDP LINE 20 STORM DRAIN IMPROVEMENTS PROJECT Dear Andrew:

Engineering Resources of Southern California, Inc., (ERSC) has prepared the construction plans, Specifications and Engineer’s Estimates (PS&E) for the above project. The project was approved by the City and the Riverside County Flood Control and Water Conservation District (District,) and the City is in the process of advertising for bid accordingly.

The City has requested ERSC for a contract amendment to include additional post design and constructions support services for the duration of the construction. The construction period for this project is considered to be for 12 months and the construction services described below will be based on time and materials and Not-to-Exceed amount accordingly.

The additional scope of work will be as follows:

Post Design - Construction Support Services:

1. ERSC’s Project Manager and Key personnel will attend the pre-bid meeting.

2. ERSC’s Project Manager and Key Personnel will work closely with the City of Palm Springs to respond to bid inquiries and questions relating to the plans and specifications during the bid period. All clarifications and information resulting from Contractor requests will be issued through addenda prepared by ERSC and distributed by the City of Palm Springs.

3. ERSC’s Project Manager and Key Personnel will assist the City in bid analysis and recommendations.

4. Attend pre-construction conference with the construction contractor and sub-contractors, City staff, project designer, utility companies, District and other agencies required to attend.

5. Construction Mee tings – Attend regularly scheduled coordination and status meetings assisting the construction manager and the City staff to review project status and budget; facilitate decision making; and discuss issues that have the potential of adversely affecting the project budget, schedule, or product.

6. Con tract Change Orders – Assist the project manager/City staff in evaluation of the construction contractor’s request for a change or substitution. In coordination with the design engineer, acceptable contract changes will be submitted to the City for approval and will be accompanied by the project manager’s recommendation. The project manager will coordinate scope of requested change order with the design engineer. ERSC will assist the City to negotiate and prepare appropriate contract change orders as requested.

7. Preparation of De tails During Cons truction – Assist the City staff and construction manager by providing additional details on the plans for clarifications as needed due to contract change orders and any unforeseen conflicts.

8. Construction Inspection – Assist the construction manager in construction inspection as needed.

9. Field Mee ting – Attend field meetings with the City staff, construction manager, contractor, and/or utility agencies to discuss and resolve any issue and conflict during construction as requested.

10. R ecord Drawings - Construction contractor will prepare one set of record drawings with “As built” corrections. ERSC will prepare the record drawings on original, full-size mylars as the engineer responsible for the work.

ERSC respectfully requests an additional authorization for performing the above tasks for a total fee of $120,160.

If you have any questions, please call me. As always, we appreciate the opportunity to be of service to the City of Palm Springs.

Sincerely,
Moe Ahmadi, P .E.

Approved By:

Item 1N - Page 8
TASK NO. DESCRIPTION

PROJECT

MANAGEMENT/

CONTRACT

ADMINSTRATION
ASSIST. PRINCIAL

ENGINEER

ENGINEER II

ADMIN ASST I
TOTAL
$195 $185 $120 $71

1.0 Pre-Bid Opening Meeting and Coordination 4 8 2,260.00$

2.0 Respond to RFIs 16 60 8 14,788.00$

3.0 Bid Analysis and Recommendation 12 16 5,300.00$

4.0 Attend Pre-Construction Meeting with Contractors and Utility Agencies Staff 8 8 3,040.00$

5.0 Construction Meetings 16 80 17,920.00$

6.0 Contract Change Order Evaluation and Recommendation 16 80 8 18,488.00$

7.0 Preparation of Details During Construction 8 28 80 8 16,908.00$

8.0 Construction Inspection 8 40 8 9,528.00$

9.0 Field Meeting 16 40 10,520.00$

10.0 Record Drawings 8 24 120 8 20,968.00$ TOTAL 1-10 21,840.00$ 71,040.00$ 24,000.00$ 2,840.00$ 119,720.00$ Reimbursable Expenses (Repro, Plotting, Shipping, Mailing and Mileage) 440.00$ TOTAL 120,160.00$

FEE ESTIMATE SCHEDULE

ASSIST THE CITY IN POST DESIGN / CONSTRUCTION SERVICES FOR THE CITY OF PALM SPRINGS MDP LINE 20 PROJECT

TASKS TO ASSIST THE CITY IN POST DESIGN / CONSTRUCTION SERVICES Item 1N - Page 9

CITY COUNCIL STAFF REPORT
09/14/2023
SUBJECT:

APPROVE AGREEMENT WITH LEADS ONLINE FOR THREE YEARS OF

INVESTIGATIVE TOOLS
RECOMMENDATION:

Approve a three-year agreement with Leads Online in the amount of $23,698 for investigative tools.

1. Authorize the City Manager to execute all necessary documents in a form approved by the City Manager and City Attorney.

2. Attachments
Item 1O

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 14, 2023 CONSENT CALENDAR

SUBJECT: APPROVE AGREEMENT WITH LEADS ONLINE FOR THREE YEARS OF

INVESTIGATIVE TOOLS

FROM: Scott C. Stiles, City Manager

BY: Information Technology Department

SUMMARY:

This action will approve a three-year agreement with Leads Online for investigative tools.

RECOMMENDATION:

1. Approve a three- year agreement with Leads Online in the amount of $ 23,698 (Attachment A) for investigative tools.

2. Authorize the City Manager to execute all necessary documents in a form approved by the City Manager and City Attorney.

BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure Form is included as Attachment B.

BACKGROUND:

Leads Online is a platform that staff has used since 2010 and has spent $69,360 to date.

The platform provides investigative tools for crimes against property and persons. It consolidates access to transactions from thousands of reporting businesses to monitor compliance and identify people, property, and patterns to advance cases faster. The system has advanced search tools to find customer and item images, scrap metal, catalytic converters, and navigate online marketplaces such as eBay and Offer Up. The company has also recently merged with Cell Hawk, to integrate analysis software that is used on call detail records. This solution has helped immensely in solving cases for the Detective Bureau.

Item 1O - Page 1
City Council Staff Report
September 14, 2023 - Page 2
Agreement – Leads Online

STAFF ANALYSIS:

Staff desires to continue utilizing these services and would like to enter into a three-year agreement for Leads Online to continue to provide investigative tools.

Leads Online is a sole source provider of these services which is allowed by Title 7 Section 7.05.020 of the Municipal Code. Therefore, Staff recommends approving a three- year agreement with
Leads Online in the amount of $23,698 for investigative tools.

ENVIRONMENTAL ASSESSMENT:

ALIGNMENT WITH STRATEGIC PLANNING:

The requested action aligns with the City Council p rinciple, Forward Thinking Governance.

FISCAL IMPACT:

Sufficient funds are budgeted and available in the current fiscal year in Information Technology Department Account 1001025 50034 and will be budgeted in future fiscal years.

REVIEWED BY:

Department Director: Larry Klingaman
Procurement & Contracting Director: Kim Baker
Deputy City Manager: Jeremy Hammond
City Manager: Scott Stiles

ATTACHMENTS:

A. Agreement
B. Business Disclosure Form
Item 1O - Page 2

ATTACHMENT A

Item 1O - Page 3
6900 Dallas Parkway, Suite 825
Plano, Texas 75024-4200
QUOTE
Palm Springs Police Department
200 S. Civic
Palm Springs, CA 92262
Date:

Quote#:

Terms:

Agency ID:
7/6/2023
Q-5863-2
Quote Only
5863
Service Dates:
07/1/23 – 06/30/24

DESCRIPTION TOTAL
LeadsOnline TotalTrack Investigation System Service Package Thank you for your interest in LeadsOnline! Please contact your LeadsOnline representative to move forward with this quote.

We accept Checks, Credit Cards, and EFT/ACH Payments
Year 1: $7,667
Year 2: $7,897
Year 3: $8,134
Update Your Billing Contact Information Online:
www.leadsonline.com/update
Download our W-9:
www.leadsonline.com/w9
For questions about your LeadsOnline service, subscription package or agency / user accounts, call (972) 361-0900 or email [email protected].

For questions about your quote, vendor forms, or general billing inquiries, email [email protected].

Item 1O - Page 4
Leads~line
Real Time Crime • CellHawk • Toolbox

Page 1 of 7 ends

AGENCY AGREEMENT
This LeadsOnline LLC AGENCY AGREEMENT ("Agreement"), dated July 1, 2023, (“Effective Date”) is made by and between Palm Springs Police Department (“Agency”) and LeadsOnline LLC ("Leads").

SCOPE OF AGREEMENT
Leads operates and maintains an electronic reporting and criminal investigation system for receiving Transaction Data for the use of Law Enforcement Officials in their official duties. Leads acts in the capacity of an agent for such Law Enforcement Agencies for the purpose of collecting, maintaining and providing access to Transaction Data and other records.

Agency desires to utilize Leads’ System to support its investigations.

Subject to the terms of this Agreement and in consideration of the mutual covenants stated below, the parties agree as follows:

1. Definitions

1.1 “Transaction Data” means all information provided by Reporting Businesses and Law Enforcement Agencies about transactions, including (but not limited to) the transaction number, make, model, property description, serial n umber, name, address, identification number, telephone number, date of birth and any images recorded during the course of a transaction according to official request, statutory requirement or otherwise.

1.2 "GLBA" means the Gramm-Leach-Bliley Act of 1999, together with the Privacy Rule and Safeguards Rule promulgated by the U.S. Federal Financial Institution regulators and the Federal Trade Commission.

1.3 “Law Enforcement Agency” means any agency duly authorized by Municipal, State, County or Federal government to enforce laws or investigate crimes.

1.4 “Law Enforcement Official” means a person employed and authorized by a Law Enforcement Agency to, in his/her official duties, access Transaction Data and/or submit Transaction Data for official use by Law Enforcement Agencies.

1.5 “Leads’ System” is Leads’ electronic reporting and criminal investigations system for receiving Transaction Data for access by Law Enforcement Officials.

1.6 "Reporting Business" shall mean any entity that records Transaction Data regarding (a) the receipt or sale of products regulated by law and (b) the receipt or other disposition of merchandise or materials, and reports such Transaction Data for access by Law Enforcement Officials according to official request, statutory requirement or otherwise.

1.7 “Agency Files” means case information electronically transferred by Agency to Leads’ System for automated comparison to Transaction Data and Agency Files submitted by other Law Enforcement Agencies.

Item 1O - Page 5
Leads ~nline
6900 Dallas Parkway, Suite 825
Plano, TX 75024
leadsonline.com
Phone (972) 361-0900
Fax (972) 361-0901
Toll-Free (800) 311-2656

Page 2 of 7 ends

2. Responsibilities of Agency

2.1 Agency agrees that the protection of usernames and passwords used to access Leads services and any Transaction Data accessed via Leads by its Law Enforcement Official is the responsibility of Agency. Agency agrees to maintain such information in a secure manner and to not provide login credentials to any other person.

2.2 Agency is responsible for the accuracy of information submitted by Agency’s Law Enforcement Officials in registration for Law Enforcement Agency’s accounts.

2.3 Agency agrees to not share its access to Leads’ System with other Law Enforcement Agencies and to not share information retrieved from Leads’ System with the exception of disclosure necessary for the purpose of prosecution of crimes within Agency’s jurisdiction investigated by Agency.

2.4 Agency agrees that accounts will be (a) registered only to individual Law Enforcement Officials employed exclusively by Agency and (b) will be used only by the specific Law Enforcement Official to whom the account is registered and (c) will not be used to access or otherwise provide information from Leads System to other Law Enforcement Agencies.

2.5 Agency represents and warrants that it shall only submit, access, use and disclose Transaction Data for use in Agency’s official Law Enforcement Agency duties. Agency maintains sole responsibility for activity taking place under its user accounts and is responsible for any use, misuse or disclosure of Transaction Data accessed by its users.

2.6 Agency is responsible for securing Transaction Data accessed from Leads’ System, and agrees to comply with all applicable statutes, laws and regulations for use and disclosure of non public personal information, including federal and state Transaction Data security breach laws and the GLBA.

2.7 Agency understands and acknowledges that Transaction Data and other records accessible by Law Enforcement Officials via Leads’ System contains non -public personally identifiable information that is unrelated to any Agency case . This includes Transaction Data submitted by businesses and Law Enforcement Agencies outside of Agency’s jurisdiction and outside of Agency’s state. Such Transaction Data and other information may not be eligible for disclosure in response to a public rec ord request according to applicable law. Leads does not grant Agency access to Leads’ System for the purpose of searching records to respond to a public records request when Agency did not have the record at the time the public records request was made. If Agency searches Leads’ System in response to a request for Public Records, Agency is acting of its own accord.

2.8 Agency is responsible for using devices and browsers capable of connecting via an encrypted internet connection.

2.9 Agency is responsible for promptly notifying Leads when a user is no longer employed by Agency or is otherwise no longer authorized to access Leads’ System.

2.10 Agency agrees to promptly notify Leads of any conditions that Agency believes may represent or result from a security incident or vulnerability, including the possible compromise of a user’s password. Please send any notifications to [email protected].

Item 1O - Page 6
Leads ~nline
6900 Dallas Parkway, Suite 825
Plano, TX 75024
leadsonline.com
Phone (972)361-0900
Fax (972) 361-0901
Toll•Free (800) 311 -2656

Page 3 of 7 ends

2.11 Agency will pay subscription fees according to the schedule set forth in Attachment ‘A’ which by this reference is incorporated herein.

3. Responsibilities of Leads

3.1 Leads agrees to operate and maintain the Leads System for the purpose of receiving Transaction Data for access only by Law Enforcement Officials.

3.2 Leads agrees to secure Transaction Data using administrative, technical and physical safeguards as set forth in applicable law, including the GLBA.

3.3 Leads agrees to limit access to Agency Files to authorized Law Enforcement Officials, and shall apply safeguards to protect Agency Files according to standards applicable to the information in Agency Files. Leads agrees to purge all Agency Files according to CJIS standards upon Agency’s written request.

3.4 Leads agrees to provide use of Leads’ System with the capabilities specified in Attachment ‘A’.

4. Conditions for use of Leads’ System

4.1 Leads’ System and website, including but not limited to written materials, text, graphics, logos, software, functionality, icons and images are the exclusive proprietary property of Leads and are protected under the United States Copyright Act (17 United States Code), as well as by all applicable state and international copyright laws, and by the Lanham Act (15 U.S.C. §§1051 - 1141n). Agency agrees to abide by any additional copyright notices, trademarks, information, or restrictions contained in any content on Leads’ System and website. Leads’ System and website may be used solely for th e purposes expressly provided for herein, and no aspect of the Leads’ System or website may be used for any other purpose whatsoever. Any other use is unauthorized and will constitute an infringement upon the proprietary rights of Leads. No authority to us e any content on Leads’ System, website, or any other intellectual or other property of Leads not expressly granted by this Agreement shall be implied.

4.2 Agency agrees to not decompile or otherwise copy or use content on the Leads’ System or website or o ther proprietary information of Leads for purposes of reverse -engineering or reconstruction, and to not remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notices from any materials Agency obtains from Leads’ System or w ebsite.

4.3 Agency represents it is a Law Enforcement Agency.

4.4 Leads may modify or upgrade any aspect of Leads’ System at any time without notice. Leads agrees to make commercially reasonable efforts to perform such modifications in a manner that is not disruptive to Agency.

4.5 Subject to the terms of this Agreement, Agency hereby appoints Leads as its agent for the sole purpose of collecting, maintaining and providing access to Transaction Data from Reporting Businesses. This agency appointment is effective as of the registration date of Agency’s initial user.

Agency acknowledges that Leads does not enforce laws and only represents Agency in the capacity of receiving Transaction Data from Reporting Businesses and Law Enforcement Agencies and making information available to Law Enforcement Officials via Leads’ System.

Item 1O - Page 7
Leads ~nline
6900 Dallas Parkway, Suite 825
Plano, TX 75024
leadsonline.com
Phone (972) 361-0900
Fax (972) 361-0901
Toll-Free (800) 311-2656

Page 4 of 7 ends

4.6 Leads uses a number of checks to identify inaccurate or incomplete Transaction Data, but cannot and does not represent or endorse the accuracy or reliability of Transaction Data or other information submitted by Reporting Business and Law Enforcement Agencies. Transaction Data is provided by Reporting Businesses and Law Enforcement Agencies according to the laws and practices enforced in Reporting Businesses’ jurisdiction using their proprietary operational software.

4.7 Leads is not responsible for ensuring the compliance of Reporting Businesses with their Transaction Data reporting obligations.

4.8 Agency will not discourage Reporting Businesses from submitting Transaction Data via Leads.

4.9 Transaction Data submitted by Reporting Businesses and Transaction Data and limited information from Agency Files submitted by Agency is accessible by Law Enforcement Officials with other Law Enforcement Agencies.

5. Term

5.1 This Agreement will become effective as of the Effective Date and remain in effect for three (3) years (the “Initial Term”) and any renewal term, or until termination by Leads or Agency as described below.

5.2 Neither party is obligated to renew this Agreement. Upon expiration of the Initial Term or any renewal term, the parties may renew this Agreement for an additional one -year term. Mutual agreement to renew will be evidenced by Leads’ submission of a valid invoice for the renewal year at th en-current pricing and Agency’s payment of such invoice within thirty (30) days of renewal.

5.3 Following written notice and a cure period of not less than ten (10) days, either party may without further notice, terminate this Agreement if the other party (a) fails to perform any material obligation required under this Agreement or (b) violates any laws, rules or regulations related to this Agreement.

5.4 The parties agree that any continuation of this Agreement from one fiscal year to the next is contingent upon annual fiscal appropriation and lawful approval by Agency’s governing entity. Agency may terminate this Agreement by providing sixty (60) days’ written notice to Leads prior to the next contract year if funding to make the next scheduled payme nt is not duly appropriated and authorized.

6. Disclaimer and Indemnification

6.1 EXCEPT FOR THE REPRESENTATIONS SET FORTH IN SECTION 3 OF THIS AGREEMENT, LEADS SPECIFICALLY

DISCLAIMS ALL REPRESENTATIONS, CONDITIONS, AND WARRANTIES, WHETHER EXPRESS OR IMPLIED ,

ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, CUSTOM, COURSE OF DEALING, OR

OTHERWISE, INCLUDING BUT NOT LIMITED TO LEADS' SYSTEM, INCLUDING ALL TRANSACTION DATA,

CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH LEADS' WEBSITE IS PROVIDED, AND ACCEPTED AND/OR USED, "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

Item 1O - Page 8
Leads ~nline
6900 Dallas Parkway, Suite 825
Plano, TX 75024
leadsonline.com
Phone (972) 361-0900
Fax (972) 361-0901
Toll-Free (800) 311-2656

Page 5 of 7 ends

6.2 LEADS IS NOT LIABLE FOR ANY DAMAGES SUFFERED BY AGENCY OR ALLEGED BY ANY THIRD PARTY ARISING FROM AGENCY’S USE OF LEADS’ SYSTEM UNLESS THERE IS A SHOWING OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY LEADS.

6.3 IN NO EVENT SHALL LEADS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE

OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, DOWNTIME

COSTS, LABOR COST, OVERHEAD COSTS OR CLAIMS OF A REPORTING BUSINESS, ITS AFFILIATES OR ANY OTHER THIRD PARTY, EVEN IF LEADS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.4 AT AN ABSOLUTE MAXIMUM, LEADS LIABILITY SHALL BE LIMITED TO TWO TIMES THE AMOUNT OF MONEY IT IS PAID BY AGENCY TO LEADS.

6.5 Leads shall indemnify, hold harmless, protect and defend Agency and its officials, officers, employees, agents and authorized volunteers (the “Indemnified Parties”) from and against all losses, liabilities, judgments, costs, expenses, damages (including damages to the Leads’ System), attorney’s fees, and other costs, including all costs of defense, arising from all suits of law or actions of every nature for or on account of the infringement of any patents, trademarks, or copyrights of any other party by reason of the use or integration of any proprietary softwar e, equipment, devices or processes, originally incorporated, or provided and used, by Leads in the performance of the services provided under this Agreement. Notwithstanding the foregoing, this paragraph shall not apply if the foregoing described losses, l iabilities, judgments, costs, expenses, damages and the like arise from the misuse of Leads’ System or Transaction Data or any other breach of this Agreement by Agency.

6.6 Agency shall ensure that any local law, instructions or directive given by Agency o r Agency’s Law Enforcement Officials related to Reporting Businesses (“Agency Directives”) do not conflict with applicable laws. LEADS SHALL NOT, UNDER ANY CIRCUMSTANCE, BE RESPONSIBLE OR LIABLE

FOR ANY THIRD -PARTY CLAIM ARISING OUT OF OR IN ANY WAY CHALLENGING THE ENFORCEABILITY OR VALIDITY OF SUCH AGENCY DIRECTIVES OR APPLICABLE LAWS.

6.7 The parties expressly agree that the execution of the Agreement does not create any personal liability on the part of any officer, director, employee, or agent of either party.

6.8 The parties agree that no provision of this Agreement extends either party’s liability beyond the liability provided in applicable law, and no provision of this Agreement shall be considered a waiver by either party of any right, defense, or immunity available according to applicable law.

7. Miscellaneous

7.1 Neither party will be liable for any failure or delay in performing an obligation under this Agreement that is due to causes beyond its reasonable control, including any act that would be considered force majeure.

7.2 If any provision of this Agreement is held to be unenforceable, in whole or in part, such holding will not affect the validity of the other provisions of this Agreement, unless either party deems the unenforceable provision to be essential to this Agreement, in which case either party may terminate this Agreement, effective immediately upon notice to the other party.

7.3 The parties reserve the right to disclose any information in response to a duly au thorized subpoena.

Item 1O - Page 9
Leads ~nline
6900 Dallas Parkway, Suite 825
Plano, TX 75024
leadsonline.com
Phone (972) 361-0900
Fax (972) 361-0901
Toll-Free (800) 311-2656

Page 6 of 7 ends

7.4 Any waiver by either party of a breach of any provision of this Agreement by the other party or delay in enforcing any rights shall not operate or be construed as a waiver of any other or subsequent breach by such party.

7.5 The parties acknowledge that all services provided under this Agreement are performed from Leads’ facilities, and Leads does not physically come to Agency for purposes of providing any services related to this Agreement.

7.6 This Agreement constitutes the entire agreement between the parties, and supersedes all prior agreements and understandings, written or oral, between the parties relating to the subject matter hereof. This Agreement may not be modified, changed or discharged, in whole or in part, except by an agreement in writing signed by both parties. The mere acceptance of any work order, purchase order or other document containing provisions purported to modify or enlarge the obligations or liabilities of either p arty shall not be construed as acceptance of such provisions.

7.7 Nothing in this Agreement, express or implied, is intended to confer upon any person, other than the parties hereto, any benefits, rights, or remedies under or by reason of this Agreement. T here are no third-party beneficiaries to this Agreement. The only persons who may enforce or benefit from this Agreement and any rights under this Agreement are Agency and Leads.

7.8 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to this Agreement shall be an appropriate state or federal court located in Riverside County, California.

7.9 Neither party will assign its rights or duties under this Agreement without first providing written notice to the other party with at least 30 days to object to such assignment and in doing so, immediately terminate the Agreement without penalty.

LEADS AGENCY
LeadsOnline LLC Palm Springs Police Department

Signature: _________________________________ Signature: ______________________________ Print Name: Alexander Finley Print Name: _____________________________ Title: Chief Executive Officer Title: _____________________________________ Date: ___________________________________ Date: ____________________________________ Address: 6900 Dallas Parkway, Suite 825 Address: 200 South Civic Drive Plano, TX 75024-4200 Palm Springs, CA 92262
Item 1O - Page 10
Leads ~nline
6900 Dallas Parkway, Suite 825
Plano, TX 75024
leadsonline.com
Phone (972)361-0900
Fax (972) 361-0901
Toll•Free (800) 311 -2656

Page 7 of 7 ends

AGENCY AGREEMENT – Attachment ‘A’

SCOPE OF WORK AND ANNUAL SUBSCRIPTION FEE
LeadsOnline System Capability TotalTrack
Online reporting system for all pawn/secondhand stores ✓ Unlimited accounts/searches for your personnel working your cases ✓ Images of property, sellers, vehicles, thumbprints, etc. as reported ✓ Legacy data import (from existing in-house database) ✓
Updates, training and support for agency personnel and businesses ✓ Transaction Monitor – Audit system for reporting compliance ✓ ReportIt citizen property inventory system ✓
Automated NCIC/stolen property hits ✓
Message Inbox (alerts and communication to and from businesses) ✓ Daily Stats (hits and statistics for each investigator) ✓ Property Hold Management System ✓
Nationwide search access ✓
Saved (continuous) searches/Email hit alerts ✓
eBay First Responder Service ✓
OfferUp Search Listings ✓
Persons of Interest inter-agency suspect information system ✓ Suspect variations and associations reports ✓
Statement Analyzer ✓
Annual subscription fee due on July 1, 2023 and on or before each anniversary thereof during the Initial Term. Increases will be limited to 3% annually during the Initial Term. Annual Subscription fee after the Initial Term will be invoiced according to then-current pricing and is due within 30 days of renewal. $7,667

Item 1O - Page 11
Leads ~nline
6900 Dallas Parkway, Suite 825
Plano, TX 75024
leadsonline.com
Phone (972)361-0900
Fax (972) 361-0901
Toll•Free (800) 311 -2656
Revised 4.13.23 Page 11 of 17
IN WITNESS WHEREOF, t he Parties have executed this Agreement as of the dates st ated below.

CONTRACTOR:

By: _______________________________________ By: _________________________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No.

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:

By: _______________________________ Date:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1O - Page 12

ATTACHMENT B

Item 1O - Page 13
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

(Revised 09 13 18)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

LeadsOnline LLC

2. Address of Entity (Principle Place of Business)

6900 Dallas Pkwy Ste 825, Plano, TX 75024

3. Local or California Address (if different than #2)

Same

4. State where Entity is Registered with Secretary of State

Delaware
If other than California, is the Entity also registered in California? Yes (Foreign LLC)

5. Type of Entity

Limited Liability Company (LLC-P)

Alexander Finley, CEO

Adin Menkin, CFO

Ashley Sacrider, COO
Item 1O - Page 14
I ,
-
'~ -
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

(Revised 09 13 18)

7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity A.

TA LO Holdings, LLC

[name of owner/investor]

50%

[percentage of beneficial interest in entity
and name of entity]
B.

LOTAMS Shareholders, LLC

[name of owner/investor]

32%

[percentage of beneficial interest in entity
and name of entity]
C.

Finback Investment Partners 2021 Fund LP

[name of owner/investor]

10%

[percentage of beneficial interest in entity
and name of entity]

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party Print ed Name, Title Date Shawna Evans, EA
July 5, 2023
Item 1O - Page 15

CITY COUNCIL STAFF REPORT
09/14/2023
SUBJECT:

A REQUEST BY REN ACQUISITION INC, FOR A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) TO SELL WINE (TYPE 20 – OFF-SALE GENERAL) AT A WINE BAR AND RESTAURANT, LOCATED AT 175 NORTH PALM CANYON DRIVE (APN: 513-560-043), ZONE CBD (CASE PCN-2023-0007) RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF PALM SPRINGS, CALIFORNIA, DETERMINING THAT PUBLIC CONVENIENCE OR NECESSITY WOULD BE SERVED BY THE ISSUANCE OF A TYPE 20 (OFF-SALE GENERAL) ALCOHOLIC BEVERAGE CONTROL LICENSE FOR REN ACQUISITION INC. LOCATED AT 175 NORTH PALM CANYON DRIVE WITHIN CENSUS TRACT NO. 0446.06.”
Attachments
Item 1P

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 14, 2023 CONSENT CALENDAR

SUBJECT: A REQUEST BY REN ACQUISITION INC , FOR A RESOLUTION OF

PUBLIC CONVENIENCE OR NECESSITY (PCN) TO SELL WINE (TYPE 20 – OFF-SALE GENERAL) AT A WINE BAR AND RESTAURANT ,
LOCATED AT 175 NORTH PALM CANYON DRIVE (APN: 513-560-043), ZONE CBD (CASE PCN-2023-0007)

FROM: Scott C. Stiles, City Manager

BY: Department of Planning Services

SUMMARY:

The applicant has initiated the application process for a California Department of Alcoholic Beverage Control (ABC) Type 20 ( Off-Sale General) liquor license for a wine bar and restaurant. The subject property is located within a Census tract which is identified by the ABC as an area of undue concentration of liquor licenses. The applicant is therefore requesting that City Council make a determination of public convenience or necessity for the sale of wine in conjunction with the operation of the lounge/restaurant.

RECOMMENDATION:

1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRI NGS, CALIFORNIA, DETERMINING THAT PUBLIC

CONVENIENCE OR NECESSITY WOULD BE SERVED BY THE ISSUANCE OF A TYPE 2 0 (OFF-SALE GENERAL) ALCOHOLIC BEVERAGE CONTROL LICENSE FOR REN ACQUISITION INC. LOCATED AT 175 NORTH PALM CANYON DRIVE WITHIN CENSUS TRACT NO. 0446.06.”

BUSINESS PRINCIPAL DISCLOSURE:

The applicant has filed a Public Integrity Disclosure. A copy of the form is included as an attachment to this report.

BACKGROUND:

The subject property will be located in Block B of the Downtown Palm Springs Specific Plan. The new wine bar/restaurant is replacing a previous tenant. The approximately 69 Item 1P - Page 1
City Council Staff Report
September 14, 2023 -- Page 2
PCN-2023-0007

seat wine bar/restaurant will feature on- site blending demonstration of the company’s showcase of wines for onsite and off-sale consumption. Currently, Ren Acquisitions Inc. operates with a Type 02 winegrower (Winery) license in Napa and Amador Counties and has applied to California Department of Alcoholic Beverage Control (ABC) for the business in the downtown census tract.

STAFF ANALYSIS:

The California Department of Alcoholic Beverage Control (ABC) requires a Type 20 (Off- Sale General) liquor license for the proposed beer and wine sales at the wine bar/winery as well as a determination of Public Convenience or Necessity (PCN) due to undue concentration of liquor licenses within the Census tract in which the site is located. The ABC identifies the Type 20 liquor license as follows:

“(Package Store) Authorizes the sale of beer and wine for consumption off the premises where sold. Minors are allowed on the premises.”

Section 23958 of the State of California Business and Professions Code states that the California Department of Alcoholic Beverage Control (ABC) is required to “… deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except as provided in Section 23958.4.” Section 23958.4(a)(3) of the Code defines undue concentration as follows:

“As to off- sale retail license applications, the ratio of off -sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of off -sale retail licenses to population in the county in which the applicant premises are located.”

The Section further states that a license may nevertheless be issued in an area of undue concentration when “… the local governing body of the area in which the applicant premises are located, or its designated subordinate officer or body, determines within 90 days of notification of a completed application that public convenience or necessity would be served by the issuance...” (State of California Business and Professions Code, Section 23958.4(b)(2).

The project site is located within Census tract number 0446.06 , which is generally identified as the area of downtown Palm Springs, Central Business District. In accordance with the State ABC, one (1) Type 20 liquor license would be allowed in this Census tract area. Currently, there are five (5) type 20 licensees that exist in this tract ( Attachment D). Hence, the applicant is requesting a determination of public convenience or necessity from the City Council to allow ABC to issue an additional Type 20 beer and wine licensee which is proposed to take place in conjunction with the operation of a wine bar/restaurant notwithstanding the undue concentration in the Census tract.

Item 1P - Page 2
City Council Staff Report
September 14, 2023 -- Page 3
PCN-2023-0007

For the following reasons, Staff has determined that the Project would serve the Public Convenience and Necessity:

• General Plan. The site is located within the Central Business District designation of the 2007 General Plan Land Use Element, which states on Page 2-7: “The CBD serves as the main activity center and cultural core of the community… theaters, museums, retail, and other entertainment venues are encouraged.” The proposed use is harmonious with the goals and policies of the General Plan as follows:
o Policy LU7.1: Encourage a diversity of high- quality commercial uses, attractive to both the resident and the visitor, including retail, entertainment, cultural, and food sales in appropriate areas of the City. o Policy LU10.4: Accommodate a broad range of uses Downtown to meet the needs of both residents and visitors and to stimulate both daytime and evening activity.
• Downtown/Central Business District. The C-B-D zone is intended for the central business district, primarily retail business in character, with related hotels, multiple- family dwellings, and service, office, cultural and institutional uses. The central business district is intended to be a compact, lively, active, intensively used area catering to the pedestrian. Planted walkways, covered walks and open plazas that provide for sitting, dining, conversing, gathering and window shopping are permitted and encouraged. The proposed activity will take place within a wine bar/restaurant operation. The additional Type 20 license will offer the public a convenience and necessity of wine service and food pairings , as encouraged within this zoning district.

FISCAL IMPACT
:

None.

REVIEWED BY:

Department Assistant Director: David Newell
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles

ATTACHMENTS:

A. 500-Foot Vicinity Map
B. Draft Resolution
C. Justification Letter
D. CA ABC Liquor License Application Form
E. Public Integrity Disclosure Form
F. Census Tract Map No. 446.06
G. Arch Plans
Item 1P - Page 3

ATTACHMENT #A

Item 1P - Page 4

Department of Planning Services
Vicinity Map

CITY OF PALM SPRINGS
PCN 2023-0007
175 North Palm Canyon Drive

Item 1P - Page 5
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ATTACHMENT #B

Item 1P - Page 6

ATTACHMENT #C

Item 1P - Page 7
Item 1P - Page 8
REN Acquisition, Inc
August 10, 2023
Re: PCN Letter for Ren Acquisition. Inc.
175 N. Palm Canyon Dr. Ste. 150, Palm Springs. CA 92262 Ren Acquisition, Inc. (the "Company" or "we") is applying for a Finding of Public Convenience or Necessity ("PCN") to allow the sales of wine for off-site consumption with a Type 20 Off-Sales of Beer and Wine License issued by the California Department of Alcoholic Beverage Control ("ABC") at 175 N. Palm Canyon Drive, Ste. 150, Palm Springs, CA 92262, in conjunction with a Type 02 Winegrower License. The business is located in an overconcentrated census tract - Census tract 446.06 allows for 1 off-sale license and 5 currently exist. As a result of this overconcentration, ABC requires the City of Palm Springs to make a finding of PCN before they will issue the Type 20 License.

The following supports a determination that the issuance of the ABC Type 20 License at this location will serve the public convenience.

We are a winery business, with locations in Napa and Amador Counties. We are seeking to open a wine bar and restaurant experience that will showcase our company's wines and allow consumers to purchase domestic and foreign wines for consumption off the premises. The sale of wine that we did not produce is an added convenience for customers who can purchase specialty wines that may not be found elsewhere at a convenience or wine store.

We intend to operate this business with a winegrower license (Type 02) and an off-sale beer and wine license (Type 20) issued by ABC. While we will operate with a winegrower license, we do not intend to operate a fully functional winery at this location. Rather, we will operate a small demonstration winery only and are utilizing the winegrower license because of the unique combination of privileges it affords our business for tasting and sates. With the Type 20 off-sale license, consumers will be able to purchase closed bottles of wines that are produced outside of the U.S. to take home.

We intend to service an upscale clientele. Noise, vehicle traffic and circulation will be no more than typical businesses of a similar caliber. Our business will be located in a facility that has ample parking. In addition to street parking found on the surrounding blocks, there is also an open parking lot directly across the street from the business on the corner of East Andreas and South Belardo which holds 40 parking spaces.

There is also a covered parking garage which is adjacent to the Palm Springs Art Museum just North of South Belardo Road a mere 30 yards from the front door of the business which holds over 150 parking spaces. Our hours will be 1:00PM to 11:00PM, 7 days per week. The wine store with the Type 20 license will be a small part of the overall planned business, and will not negatively impact the community.

We will sell wine responsibly and will ensure that :
4868-5266-4182, V. 1
2771 Napa Valley Corpo rate Drive, Napa, Californ ia 94558 I p: 707.266.1590 Item 1P - Page 9
• All employees engaged in selling wine to consumers will complete the ABC-approved responsible beverage sales training program.
• Employees check the ID of customers at the point of sale. • Employees who sell alcohol shall be at least 21 years of age.

We believe that the above demonstrates that our business will serve the public convenience , and supports a PCN finding in connection with our applications to ABC. Thank you for your consideration and we are available to answer any questions that you may have.
277 1 Napa Valley Corporate Drive, Napa, California 94558 I p: 707.266.1590

ATTACHMENT #D

Item 1P - Page 10
Item 1P - Page 11
Department of Alcoholic Beverage Control

INFORMATION AND INSTRUCT IONS -
SECTION 23958.4 B&P
State of California
Gavin Newsom, Governor
Instrnctions This form is to be used for all applications for original issuance or premises to premises transfer of licenses. • Pan 1 is to be completed by an ABC employee. gi ven to applicant with pre-application package. with copy retained in • holding file or applicant's district file.

Pan 2 is to be completed by the applicant. and returned to ABC.

Pa11 3 is to be completed by the local governing body or its designated subordinate officer or body, and returned to ABC.

PART 1 - TO BE COMPLETED BY ABC
1 . APPLICANT'S NAME

REN ACQUISITION INC

2. PREMISES ADDRESS (Street number and name. city. zip code ) 175 N PALM CANY ON DR., STE 150, PALM SPRINGS, CA 92262-5564

4. TYPE OF BUSINESS
X Full Service Restaurant
Deli or Specialty Resiaurant
Cafe/Coffee Shop
Bed & Breakfast:

Wine only All
Hofbrau/Cafeteria
Comedy Club
Brew Pub
Theater
Cocktail Lounge
Night Club
Tavern: Beer
Tavern: Beer & Wine
Service Station
3 LICENSE TYPE
20 Private Club
Veterans Club
Fraternal Club
Wine Tasting Room
Supermarket
Liquor Store
DrugNariety Store
Membership Store
Department Store
Florist/~ift Shop
Convenience Market
Convenience Market w/Gasoline
Swap Meet/Flea Market
Drive-in Dairy
X Other - describe:

5. COUNTY POPULATION

8. CENSUS TRACT NUMBER

WIN E PROD UCTION

6. TOTAL NUMBER OF LICENSES IN COUNTY
On-Sale

9. NO. OF LICENSES ALLOWED IN CENSUS TRACT
Off-Sale

7. RA TIO OF LICENSES TO POPULATION IN COUNTY
On-Sale

10. NO. OF LICENSES EXISTING IN CENSUS TRACT
Off-Sale
446.06 1 On-Sale X Off-Sale 5 On-Sale X Off-Sale

11. IS THE ABOVE CENSUS TRACT OVERCONCENTRATED WITH LICENSES ? (1.e .. does lhe ratio of licenses to population in the census tract exceed the ratio or licenses to populat ion for the entire county?) X Yes, the number of existing licenses exceeds the number allowed No, the number of existing licenses is lower than the number allowed

12. DOES LAW ENFORCEMENT AGENCY MAINTAIN CRIME STATISTICS ? Yes (Go to Item #13) No (Go to Item #20)

13. CRIME REPORTING DISTRICT NUMBER 14. TOTA L NUMBER OF REPORTING DISTRICTS 15. TOTAL NUMBER OF OFFENSES IN ALL REPORTING DISTRICTS

16. AVERAGE NO. OF OFFENSES PER DISTRICT 17. 120% OF AVERAGE NUMBER OF OFFENSES 18. TOTAL NUMBER OF OFFENSES IN REPORTING DISTRICT

19. I S THE PREMISES LOCATED IN A HIGH CRIME REPORTING DISTRIC T? (i.e .. has a 20% greater number of reported crimes than the average number of reported crimes as determined from all crime reporting districts within the jurisdictton of the local law enforcemenl agency) Yes. the total number of offenses in the reporting district equals or exceeds the total number in item #17 No, the total number of offenses in the reporting district is lower than the total number in item #17

20. CHECK THE BOX THAT APPLIES (check only one box)
a. If "No" is checked in both item #11 and item #19, Section 23958.4 B&P does not apply to this application, and no additional information will be needed on this issue. Advise the applicant to bring this completed form to ABC when filing the application. b. If" Yes" is checked in either item #11 Qr item #19, and the applicant is applying for a non-retail license, a retail bona fide public eating place license, a retail license issued for a hotel, motel or other lodging establishment as defined in Section 25503.1 6(b) B &P, or a retail license issued in conjuction with a beer manufacturer's license, or winegrower's license , advise the applicant to complete Section 2 and bring the completed form to ABC when filing the application or as soon as possible thereafter .

X c. If "Yes" is checked in either item #11 Qr item #19, and the applicant is applying for an off-sale beer and wine license, an off-sale general license, an on sale beer license, an on-sale beer and wine (public premises) license, an on-sale general (public premises ) license, or an on-sale general music venue license, advise the applicant to take this form to the local governing body, or its designated subordinate officer or body to have them complete Section 3.

The completed form will need to be provided to ABC in order to process the application.

Governing Body/Designated Subordinate Name:

FOR DEPARTMENT USE ONLY
PREPARED BY (Name or Department Employee )

MAR ICELA MAT A
ABC-245 (rev. 03-23)

ATTACHMENT #E

Item 1P - Page 12
Item 1P - Page 13

1. 2.

3. 4.

5. PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Name of Entity
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Address of Entity (Phnciple Place of Business)
J77 Napa v~,,~ Co~poriJe yr,te, , Nafo.. CA
Local or California Address (if different than #2)
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r7s tJ. ·pt>,\~ Ccv~o~ urwe, sk . ISO 1;/fVI 5tnn_f;, C, ft- 'lJJ6}. , ' . '
State where Entity is Registered with Secretary of State CA ~\{,o~~\ ~
If other than California, is the Entity also reqistered in California? n Yes n No Type of Entity
'g:] Corporation D Limited Liability Company D Partnership D Trust D Other (please specify)

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

(Revised 09 13 18)
08/11/2023
Item 1P - Page 14

7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity

EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
A.
i~e,C~ UJ Trw-es ~~v\t hAi\o SL too O/o
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title Date (Revised 09 13.18)

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE FORM

APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

ATTACHMENT #F

Item 1P - Page 15

Department of Planning Services
Census Tract 446.06

CITY OF PALM SPRINGS
PCN 2023-0007
175 North Palm Canyon Drive

Item 1P - Page 16
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Item 1P - Page 18
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Item 1P - Page 19

CITY COUNCIL STAFF REPORT
09/14/2023
SUBJECT:

APPROVE CONTRACT SERVICES AGREEMENT NO. 23P188 WITH
NEIGHBORHOOD PARTNERSHIP HOUSING SERVICES, INC., FOR CDBG HOME

REHABILITATION PROGRAM
RECOMMENDATION:

Approve Contract Services Agreement No. 23P188 with Neighborhood Partnership Housing Services, Inc., to provide CDBG home rehabilitation program for a one-year term in an amount not to exceed $412,266 beginning October 1, 2023, through September 30, 2024.

1. Approve the CDBG Owner Occupied Home Rehabilitation Program Guidelines.2.

Authorize the City Manager or designee to execute all necessary documents.3.

Attachments
Item 1Q

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 14, 2023 CONSENT CALENDAR

SUBJECT: A PPROVE CONTRACT SERVICES AGREEMENT NO. 23P 188 WITH NEIGHBORHOOD PARTNERSHIP HOUSING SERVICES, INC ., FOR

CDBG HOME REHABILITATION PROGRAM

FROM: Scott C. Stiles, City Manager

BY: Department of Community and Economic Development

SUMMARY:

Award a contract services agreement with Neighborhood Partnership Housing Services, Inc., for the CDBG home rehabilitation program . Neighborhood Partnership Housing Services will abide by the CDBG Program Guidelines in providing rehabilitation services as discussed in this staff report.

RECOMMENDATION:

1. Approve Contract Services Agreement No. 23P188 ( Attachment A ) with Neighborhood Partnership Housing Services, Inc ., to provide CDBG home rehabilitation program for a one-year term in an amount not to exceed $412,266 beginning October 1, 2023 through September 30, 2024; and

2. Approve the CDBG Owner Occupied Home Rehabilitation Program Guidelines (Attachment C).

3. Authorize the City Manager or designee to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

Neighborhood Partnership Housing Services, Inc. is a non-profit agency and exempt from filing the Public Integrity Disclosure form.

BACKGROUND:

The Community Development Block Grant (CDBG) Program began in 1976 and is administered nationally by the U.S. Department of Housing and Urban Development.

CDBG’s principal objectives are to:

Item 1Q - Page 1
City Council Staff Report
September 14, 2023 -- Page 2
Award CDBG Home Rehabilitation Program Contract

1. Support low and middle income (LMI) communities, considering that a minimum of 70% of CDBG funds granted to a city/state must be used directly to benefit LMI communities.

2. Eliminate and prevent blight and slums.

3. Meet urgent needs, such as responding to natural disasters.

These objectives are achieved by investing in community development projects to create sustainable and viable urban areas. The primary objective continues to be developing viable urban communities by providing decent housing, a suitable living environment, and expanding economic opportunities, principally for low- and moderate-income persons.

The Contractor will provide residential rehabilitation activities that benefit low -and- moderate income residents. Eligible activities will be funded from the City’s Program Year (PY) 2023 -2024 Community Development Block Grant (CDBG) allocations. The City anticipates having approximately $358,506 in CDBG funds available for the Residential Rehabilitation program and $53,760 in housing set aside funds for program administrative fees and implementation.

Under this program, the City would provide grants to qualified low - to moderate-income homeowners to make needed home improvements. Grants would be available to address code deficiencies, eliminate blight, and improve handicapped accessibility. The maximum grant amount will be $15,000 per household and will be provided on a first come/first - served basis to qualified applicants. Grant funds may only be used for costs of services and materials necessary to carry out City approved repair work. The available funding would serve approximately 24 Low- or Moderate-Income Palm Springs households City- wide.

The City shall be responsible for reviewing resident applications and eligibility. This includes pre-construction communication with the client, managing the City’s waitlist, and tracking demographic information. The City will communicate with the client and Contractor about what work is required and necessary and should sol icit bids from subcontractors. Full responsibilities for the City and the contractor are laid out in the CDBG Program Guidelines (Attachment C).

STAFF ANALYSIS:

Request for Proposals

The Community and Economic Development Department worked with the Procurement and Contracting Department to issue a Request for Proposals (RFP) to find a contractor for the needed services. The RFP was advertised in the local newspaper and published on the PlanetBids website. Two proposals were received by the deadline of August 10, 2023 as follows:
• FEI Associates Consulting Engineers, Chino, CA
• Neighborhood Partnership Housing Services, Inc., Rancho Cucamonga, CA Item 1Q - Page 2
City Council Staff Report
September 14, 2023 -- Page 3
Award CDBG Home Rehabilitation Program Contract

The evaluation team made up of City staff from the Community and Economic Development D epartment evaluated the proposals received against published criteria that included the firm’s experience, the staff experience, the understanding of the scope of work, local preference, and price.

Neighborhood Partnership Housing Services, Inc. was ranked the highest by the evaluation team and is being recommended for award of the contract.

Program Guidelines

The Department of Housing and Urban Development (HUD) requires that municipalities have program guidelines for federally funded programs, like the Community Development Block Grant. These written guidelines describe implementation specifications and responsibilities that are commonplace for federal programs and meet federal requirements. The proposed guidelines are modeled on a template provided by HUD.

ENVIRONMENTAL ASSESSMENT
:

The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve contracts for the above- mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports City Council priority 1C , Quality of Life – Affordable Housing.

FISCAL IMPACT:

Community Development Block Grant funds in the amount of $358,506 and Housing Set Aside Funds in the amount of $53,760 are budgeted and available in the current Fiscal Year 2023-24 Budget.

Item 1Q - Page 3
City Council Staff Report
September 14, 2023 -- Page 4
Award CDBG Home Rehabilitation Program Contract

REVIEWED BY:

Department Director: Jay Virata
Procurement and Contracting Director: Kim Baker
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles

ATTACHMENTS:

A. Agreement No. 23P188
B. CDBG Program Guidelines
Item 1Q - Page 4

ATTACHMENT A

Item 1Q - Page 5

Revised 4.13.23 Page 1 of 21

CONTRACT SERVICES AGREEMENT 23P188

CDBG HOME REHABILITATION PROGRAM

THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on __________________, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and NEIGHBORHOOD PARTNERSHIP HOUSING SERVICES, INC., a California Nonprofit Corporation, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS

A. City requires the services of a licensed and qualified firm to provide the City with a CDBG home rehabilitation program, (“Project”).

B. Contractor has submitted to City a proposal to provide the City with a CDBG home rehabilitation program, to City under the terms of this Agreement.

C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project.

D. City desires to retain the services of Contractor for the Project.

NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. CONTRACTOR SERVICES

1.1 Scope of Services . In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “Services ” or “Work”). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.

1.2 Compliance with Law . Contractor shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

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1.3 Licenses and Permits . Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement.

1.4 Familiarity with Work . By executing this Agreement, Contractor warrants that it has carefully considered how the Work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement.

2. TIME FOR COMPLETION
The time for completion of the Services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit “A .” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non -performing Party. Delays shall not entitle Contractor to any additional compensation regardless of the Party responsible for the delay.

3. COMPENSATION OF CONTRACTOR

3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $412,266.00.

3.2 Method of Payment . In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by C ity’s finance director. Payments shall be based on the hourly rates set forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice.

3.3 Changes . In the event any change or changes in the Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:

A. To provide for revisions or modifications to documents , work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.

3.4 Appropriations. This Agreement is subject to , and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City.

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4. PERFORMANCE SCHEDULE

4.1 Time of Essence. Time is of the essence in the performance of this Agreement.

4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit “A .” Any time period extension must be approved in writing by the Contract Officer.

4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event , if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety , and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the Services for the period of the enforced delay when and if , in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

4.4 Term. Unless earlier terminated in accordance with Section 4.5 of t his Agreement, this Agreement shall continue in full force and effect for a period of one year , commencing on _issuance of notice to proceed, unless extended by mutual written agreement of the Parties. In addition, the term may be extended at the sole discretion of the City upon written notice to the Contractor, for two (2) additional one (1) year terms.

4.5 Termination Prior to Expiration of Term . City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor . W here termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action.

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Contractor may not terminate this Agreement except for cause, upon thirty (30) days w ritten notice to City.

5. COORDINATION OF WORK

5.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services : Jesse Ibarra, Chief Business Officer. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services . Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

5.3 Prohibition Against Subcontracting or Assignment . The experience, knowledge, education, capability, and reputation of Contractor , its principals and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perf orm any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.

5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contractor , its agents or employees, perform the Services required, except as otherwise specified . Contractor shall perform all required Services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor’s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Contractor shall pay all w ages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. Contractor shall not have any authority to bind City in any manner.

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5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor.

Name: Title:

Jesse Ibarra Chief Business Officer

5.6 California Labor Code Requirements.

A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the S ervices are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penal ties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contracto r’s sole responsibility to comply with all applicable registration and labor compliance requirements.

6. INSURANCE
Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference.

7. INDEMNIFICATION.

7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor ’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Item 1Q - Page 10

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Parties”), from and against any and all liabilities, actions, suits, claims, demands, l osses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons ( Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or w illful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties . Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor ’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

7.2 Design Professional Services Indemnification and Reimbursement. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the C laims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement , and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.

8. RECORDS AND REPORTS

8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require.

8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

8.3 Ownership of Documents . All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City. Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies Item 1Q - Page 11

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of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents.

8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.

8.5 Audit and Inspection of Records . After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities a s City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and doc uments in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.

9. ENFORCEMENT OF AGREEMENT

9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.

Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside , State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties.

Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

9.3 Waiver . No delay or omission in the exercise of any right or remedy of a non- defaulting Party on any default shall impair such right or remedy or be construed as a waiver.

No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contractor . Any waiver by either Party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement.

9.4 Rights and Remedies are Cumulative . Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative . The exercise by either Party of one or more of such rights or remedies Item 1Q - Page 12

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shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

9.5 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.

9.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non- judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

10.1 Non-Liability of City Officers and Employees . No officer or employee of City shall be personally liable to the Contractor , or any successor -in-interest, in the event of any default or breach by City or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement.

10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

10.3 Covenant Against Discrimination . In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensur e that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifie s that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruit ment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non- discrimination in city contracting.

11. MISCELLANEOUS PROVISIONS
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11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in writing and either served personally or sent by pre -paid, first-class mail to the addre ss set forth below. Notice shall be deemed communicated seventy -two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing.

To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262

To Contractor: Neighborhood Partnership Housing Services, Inc.

Attention: Clemente Mojica
9551 Pittsburgh Ave.

Rancho Cucamonga, CA 91730

11.2 Integrated Agreement . This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or am ong the Parties with respect to the subject matter in this Agreement.

11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.

11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties.

11.5 Successors in Interest . This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.

11.6 Third Party Beneficiary . Except as may b e expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement.

11.7 Recitals. The above -referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

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11.8 Authority. The persons executing this Agreement on behalf of the P arties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement.

11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

11.10 Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N -6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form loca ted in Exhibit “C” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section. [SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND NEIGHBORHOOD PARTNERSHIP HOUSING SERVICES, INC.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:

By: _______________________________________ By: _________________________________________ Signature Signature
(2nd signature required for Corporations)

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _____________________ Item No. _____________________

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk

APPROVED:

By: _______________________________ Date:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000

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EXHIBIT “A”

SCOPE OF SERVICES/WORK

Including,

Schedule of Fees

And

Schedule of Performance

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1. Background:

A. The Community Development Block Grant (CDBG) Program began in 1976 and is administered nationally by the U.S. Department of Housing and Urban Development.

B. CDBG’s principal objectives are to:

1. Support low and middle income (LMI) communities, considering t hat a minimum of 70% of CDBG funds granted to a city/ state must be used directly to benefit LMI communities.

2. Eliminate and prevent blight and slums.

3. Meet urgent needs, such as responding to natural disasters.

C. These objectives are achieved by investing in community development projects to create sustainable and viable urban areas. The primary objective continues to be developing viable urban communities by providing decent housing, a suitable living environment, and expanding economic opportunities, principally for low - and moderate-income persons.

D. Contractor will provide residential rehabilitation activities that benefit low -and- moderate income residents. Eligible activities will be funded from the City’s Program Year (PY) 2023 -2024 Community Development Block Grant (CDBG) allocations.

The City anticipates having approximately $358,506 in CDBG funds available for the Residential Rehabilitation program.

E. Under this program the City would provide grants to qualified low - to moderate - income homeowners to make needed home improvements. Grants would be available to address code deficiencies, eliminate blight, and improve handicapped accessibility.

The maximum grant amount will be $15,000 per household and will be provided on a first come/first-served basis to qualified applicants. Grant funds may only be used for costs of services and materials necessary to carry out City approved repair work. The goals for this activity are to serve approximately 24 Low - or Moderate-Income Palm Springs households City-wide.

F. The City shall be responsible for resident applications and eligibility. This includes pre-construction communication with the client, managing the City’s waitlist, and tracking demographic information. The City will communicate with the client and Contractor about what work is required and necessary and should solicit bids from subcontractors.

2. Scope:

A. The Contractor shall be responsible for all phases of general program administration and compliance, under the City’s direct supervision, for approved projects. Services also include compliance for approved projects, construction management for housing rehabilitation program, (including permits, inspections and Notice of Completions) and financial record keeping and monthly reporting to the City.

B. Construction/Rehabilitation: Construction or rehabilitation paid with CDBG funds will be required to conform to 24 CFR 570.603 of the CDBG regulations, as Item 1Q - Page 18

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applicable, and any other federal or state requirements which are associated with the grant funding source. This includes but is not limited to:

1. Conduct property inspections to identify requested work eligibility under the program guidelines, as well as meeting the City of Palm Springs’s Building and Planning Division’s requirements.

2. Prepare work write -ups, describing ne cessary repairs and improvements including line-item cost estimates.

3. Contractor shall solicit bids for each project, perform bid opening, evaluate bids, etc.

4. Contractor shall write and sign all contracts with subcontractors.

5. Contractor is responsible for all work performed, scheduling, etc.

6. Contractor is responsible for making payments to subcontractors.

7. Keep updated Contractors’ list with all eligible requirements including proof of insurance, verification with the Excluded Parties Listing System, and California Contractor’s State License Board.

8. Ensure subcontractors obtain required permits.

9. Conduct pre-construction conferences with the contractor and homeowner.

10. Monitor construction for compliance with the program requirements and assure that all work is professional and includes proper materials.

C. Photos: Take “before and after” photos including work to be done, work in progress, and completed improvements.

D. Property Standards: All rehabilitated projects funded with Rehabilitation funds must meet local zoning ordinances and building codes.

E. Energy Efficiency: Plans should incorporate energy efficiency measures through materials, heating, ventilation and air conditioning (HVAC) systems, design, and site orientation where feasible.

F. Lead-Based Paint: If a rehabilitated home was originally placed into service prior to January 1, 1978, rehabilitation must comply with HUD lead -based paint rules (24 CFR Part 35 and 24 CFR Section 570.608). A lead- based paint risk assessment for lead based paint hazards shall be conducted, and rehabilitation work must be done by Contractors meeting the requirements of the HUD rule and the EPA Renovation, Repair and Painting rule.

G. Final Inspection: Conduct final inspections and close out project with all necessary lien releases, notices of completion and Building Inspector’s final permit. Interface with the City’s Building and Planning Departments as necessary.

H. Final Documentation: Prepare and provide (with required signatures) all payment requests to City staff, including lien releases, change orders, and all other required documents. The Consultant shall ensure that property warranty information is provided to the homeowner.

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3. Schedule:

Work will be issued on a task order basis. Each project for homeowners should be no more than 120 days from application to work completion.

4. Compensation:

A. Work will be compensated on a lumpsum basis. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly payments based on the percentage of work completed for the previous month as long as a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City.

B. An allowance has been added to account for the work performed by subcontractors.

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Item 1Q - Page 21
ITEM
1 2
ATTACHMENT " I"

COST PROPOSAL
REQUEST FOR PROPOSAL (RFP 37-23)

CDBG HOME REHABILITATION PROGRAM

THIS FORM MUST BE COMPLETED AND SUBMITTED IN SEPARATE ELECTRONIC FILE #2 "Cost Proposal", NOT with Electronic File #1, Technical/Work Proposal") DESCRIPTION Unit of Estimated Unit Price SUBTOTAL
Measure Quantity
Administrative Fee EA 24 $2,240 $53,760 per project
Allowance for LUMPSUM 1 $358,506 $358,506 Subcontractor work TOTAL $360,746 $412,266
Certified by: Clemente Mojica
Fim1 Name: Neighborhood Partnership Housing Services, Inc.

Signature of Authorized Person: ____ ...,c~··-~_Vh½ .. :",-: ,.... "--------- {j'
Printed Name: Clemente Mojica
Title: President and CEO
Date: 8/8123

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EXHIBIT “B”

INSURANCE PROVISIONS

Including

Verification of Coverage,

Sufficiency of Insurers,

Errors and Omissions Coverage,

Minimum Scope of Insurance,

Deductibles and Self-Insured Retentions, and

Severability of Interests (Separation of Insureds)
Item 1Q - Page 22

Revised 4.13.23 Page 18 of 21

INSURANCE

1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Cont ractor’s performance under this Agreement.

Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement.

Contractor shall al so carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.

2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows:

1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate;

2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence;

3. Professional liability (errors and omissions) insurance with limits of at least one million d ollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is:
_________ required
___X____ is not required;

4. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s L iability Insurance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

3. Primary Insurance. For any claims related to this Agreement, Contractor ’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self -insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and Item 1Q - Page 23

Revised 4.13.23 Page 19 of 21

contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.

4. Errors and Omissions Coverage . If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor ’s services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor ’s services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.

5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.

6. Verification of Coverage. Contractor shall furnish City with bo th certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.

Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsem ent with the following endorsements stated on the certificate:

A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).

B. " This insurance is primary and non- contributory over any insurance or self - insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or " for any and all work performed with the City" may be included in this statement).

C. " Should any of the above- described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor t o” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.

Item 1Q - Page 24

Revised 4.13.23 Page 20 of 21

D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.

In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies.

All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter.

Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.

7. Deductibles and Self -Insured Retentions . Any deductibles or self -insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

Certificates of Insurance must include evidence of the amount of any deductible or self -insured retention under the policy. Contractor guarantees payment of all deductibles and self -insured retentions.

8. Severability of Interests (Separation of Insureds) . This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability.

Item 1Q - Page 25

Revised 4.13.23 Page 21 of 21

EXHIBIT “C”
EXECUTIVE ORDER N-6-22 CERTIFICATION

Executive Order N -6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.

Executive Order N -6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.

The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N -6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California.

Signature:

Printed Name:

Title:

Firm Name:

Date:

Item 1Q - Page 26

ATTACHMENT B

Item 1Q - Page 27

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principal Place of Business)

3. Local or California Address (if different than #2)

4. State where Entity is Registered with Secretary of State If other tha
n California, is the Entity also registered in California?  Yes  No

5. Type of Entity
 Corporation  Limited Liability Company  Partnership  Trust  Other (please specify)

6. Officers, Directors, Members, Managers, Tru stees, Other F iduciaries (please specify) Note: If any response is not a natural person, please i dentify all off icers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
________________________  Officer  Director  Member  Manager [name]  General Partner  L imited Partner
Other ____________________ _______
_______________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other _________ _________________
________________________________  Offi
cer  Director  Member  Manager
[name]  General Partner  Limited Partner
 Other ________________ __________
Neighborhood Partnership Housing Services, Inc.
9551 Pittsburgh Ave., Rancho Cucamonga, CA 91730
California
Clemente Mojica
Solon Escobar
Jesse Ibarra
x
x
x
x
Item 1Q - Page 28
I l
-
~
-
-
-
-
L

7. O wners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity

EXAMPLE

JANE DOE

[name of owner /investor]
50%, ABC COM
PANY, Inc.
[percentage of beneficial interest in entity and
name of entity]
A.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
[name of own er/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/inv estor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [p ercentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of benef icial interest i n entity and name of entity]

I DECLARE UNDER PENALTY OF PERJURY UNDER TH E LAWS OF T HE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title Date 8/8/23
Item 1Q - Page 29
c{/
()

ATTACHMENT C

Item 1Q - Page 30
1 City of Palm Springs

OWNER OCCUPIED HOME REHABILITATION

PROGRAM GUIDELINES

City of Palm Springs | Community and Economic Development Department 3200 E Tahquitz Canyon Way | PO Box 2743 | Palm Springs, CA 92263-2743

Item 1Q - Page 31
Like no place else™

EQUAL HOUSING

OPPORTUNITY
2 Table of Contents
Section 1 - GENERAL AUTHORITY AND DEFINITIONS ......................................................................... 3 Section 2 - PROGRAM PURPOSE ................................................................................................................. 4 Section 3 - PUBLIC AWARENESS ................................................................................................................ 4 Section 4 - QUALIFICATIONS ...................................................................................................................... 5 Section 5 - ELIGIBILITY INCOME GUIDELINES ...................................................................................... 6 Section 6 - PROGRAM LIMITATIONS ......................................................................................................... 6 Section 7 - LOAN PROGRAM REQUIREMENTS ........................................................................................ 6 Section 8 - INFORMATION REQUIRED FROM ALL APPLICANTS ........................................................ 6 Section 10 - PROGRAMS AVAILABLE ....................................................................................................... 7 GRANTS .............................................................................................................................. 7 Section 11 -LEAD BASE PAINT TESTING AND LEAD HAZARD REDUCTION PLAN ........................ 8 Section 12 - PROGRAM IMPLEMENTATION ............................................................................................. 9 Section 13 - CONFLICT OF INTEREST ...................................................................................................... 11 Section 14 - STAFF INSPECTION- PLANS - SPECIFICATIONS ............................................................. 11 Section 15 - REHABILITATION PLANS & SPECIFICATIONS ............................................................... 12 Section 16 - REHABILITATION .................................................................................................................. 12 Section 17 - OBTAINING BIDS FOR CONSTRUCTION .......................................................................... 12 Section 18 - PREPARATION, RECEIPT AND OPENING OF BIDS ......................................................... 13 Section 19 - QUALIFICATIONS OF BIDDERS .......................................................................................... 14 Section 20 - CONSTRUCTION..................................................................................................................... 15 Section 21 - CONTRACTOR REQUIREMENTS AND RESPONSIBILITIES ........................................... 15 Section 22 - GUARANTEES & WARRANTIES ......................................................................................... 17 Section 23 – REHABILITATION DEFICIENCIES ..................................................................................... 17 Section 24 - SUB-CONTRACTORS ............................................................................................................. 18 Section 25 - GRIEVANCE POLICY ............................................................................................................. 19 Section 26 - CONTRACT PROVISIONS ..................................................................................................... 19 Approved this ____ day of _______, 2023Section 28 - PROGRAM DOCUMENTS ................................. 20 ATTACHMENT 1- INCOME LIMITS ......................................................................................................... 23 Item 1Q - Page 32
3 Section 1 - GENERAL AUTHORITY AND DEFINITIONS

1. LEGAL AUTHORITY FOR REHABILITATION GRANTS: Housing Rehabilitation grants are authorized under the U.S. Department of Housing and Urban Development Regulations.

2. DEFINITIONS: Following are definitions of various terms as used with respect to housing rehabilitation grants:

a. APPEALS: Community and Economic Development Director will serve to consider written request for reconsideration of staff’s determinations on program guidelines and eligibility.

b. COMMUNITY AND ECONOMIC DEVELOPMENT: A department of the City of Palm Springs responsible for the general operation of the program, which includes but is not limited to the initial contact with property owners, preparation of plans and specifications, processing of all grant documents, securing contractors fo r the owners, inspecting the work, and counseling with grant recipients as needed, providing direction and instructions to contractors, processing payments and maintaining all program files..

c. HUD: The United Stated Department of Housing & Urban Development.

d. OWNER-OCCUPIED PROPERTY: A property that is owned and occupied by the applicant and is used entirely for residential purposes.

e. PRIORITY NEED: From the first come first serve list. In the event the home is damaged and habitation is no longer safe, priority will be given for loss due to natural disasters such as hurricane, fire, flood, etc. upon approval of the Community and Economic Development Director. A separate first come first serve waiting list is established for catastrophic loss.

f. REHABILITATION: term may be used interchangeably to refer to Rehabilitation projects throughout this handbook.

g. REHABILITATION COST: The total cos t of repairs and improvements and other associated costs with the rehabilitation project.

h. VARIANCES: The Community and Economic Development Director will serve to consider written variances for exceptions to program guidelines.

i. VOLUNTARY WITHDRAWAL: Applicants who choose to withdraw from the waiting list will be withdrawn immediately from the waiting list. Applicants who reapply for assistance will be considered new applicants.

Item 1Q - Page 33
4 Section 2 - PROGRAM PURPOSE

The purpose of the City of Palm Springs 's Community Development Block Grant Housing Rehabilitation Program is to provide rehabilitation assistance to eligible low and moderate income Homeowners residing in the corpora te city limits of the City of Palm Springs . The Program's Objective is to implement a program to arrest the deterioration of substandard single family homes by rehabilitating to conform to the International Property Maintenance Code and its amendments, the City of Palm Spring s’ Housing Rehabilitation Performance Manual and other applicable State Laws, City Codes and Ordinances.

The goal of this program is to work in partnership with qualified Homeowners to maintain the existing housing stock in decent, safe, sanitary and affordable conditions.

Assistance through any of the programs herein shall be voluntary and relocation assistance shall not be provided.

Assistance is limited to single family residential structures, mobile homes and the inside of condos in HOA associations within the city limits of the City of Palm Springs.

Section 3 - PUBLIC AWARENESS

The Community and Economic Development Department may advertise that it is accepting applications for program assistance through local newspapers or the broadcast media.

Inquiries may be received through a variety of methods, including telephone inquiries, walk-ins and letters. Staff will respond to these inquiries by providing a verbal or written description of program requirements including brochures and other documentation available to the public.

Staff encourages interested and potentially eligible homeowners to schedule a personal interview with a staff member.

Complaints regarding lack of understanding of the program, the level of service provided, the public awareness process, or other matters shall be promptly addressed, if possible, by a staff person. If a complaint cannot be resolved at that level, the complaint will be forwarded to the Community and Economic Development Director for resolution and documentation. If no resolution can be found, the matter will be forwarded to the Assistant City Manager.

Item 1Q - Page 34
5 Section 4 - QUALIFICATIONS

1. Assistance is limited to single family residential structures, mobile homes and the inside of condos in HOA associations.

2. An applicant must be a resident of the City of Palm Springs, and live in the home to be assisted a minimum of 1 year before applying for assistance.

3. Applicants must also have a warranty deed in their name (or other legal document as stated elsewhere within these guidelines).

4. An applicant/household will not be eligible for assistance if:
a. Non-elderly Head of Household has re sources (other than home to be rehabilitated), or cash assets in excess of $10,000.00. b. Elderly Head of Household (62 years of age or older), has re sources (other than home to be rehabilitated), or cash assets over $20,000.00. c. Disabled Head of Household has resources (other than home to be rehabilitated), or cash assets over $20,000.00.
d. Resources include but are not limited to the following: real property, vehicles and bank accounts.
e. Exempt resources include:
i. home to be assisted and surrounding property.
ii. first family vehicle, vehicles necessary for employment or training related purposes, and vehicles used to transport a physically handicapped person. f. There has been a t ransfer of resources within two years of date of application by household members for the purpose of qualifying for the program. g. An applicant who has more than one dwelling structure on the property to be rehabilitated or reconstructed unless the applicant removes the excess structure. h. An applicant/household who is operating a business out of said home. i. An applicant/household who has failed to meet their bankruptcy obligations. j. A bankruptcy discharge must be:
i. At least 5 years prior to the date of application for Chapter 7. ii. At least 3 years prior to the date of application for Chapter 13. k. An applicant/household who has outstanding judgments. l. An applicant /household is presently delinquent on any Federal debt or has a lien placed against his/her property for a debt owed to the United States Government.

5. An applicant/household who is accepted for assistance shall first remove all abandoned appliances, junked vehicles, trash, rubbish, etc. from the property before assistance is rendered.

6. An applicant/household must meet the low to moderate income criteria as set forth by the Department of Housing and Urban Development's Part V (Section 8) requirements as they are now or may be adopted by HUD on a yearly basis.

7. Total household income is determined by computing the income as required in 24 CFR Part 5. Income of all the persons residing in the household at the time of the application will be included in the calculation.

Item 1Q - Page 35
6 Section 5 - ELIGIBILITY INCOME GUIDELINES

Eligibility for CDBG housing program support is determined in accordance with income limits established by the Department of Housing and Urban Development. These figures are revised annually by the Department of Housing and Urban Development. The most recent income limits are found in Attachment #1.

Section 6 - PROGRAM LIMITATIONS

1. Any applicant, whose property is located within a 100 -year flood plain according to current FEMA Flood Insurance Rate Maps, shall not be eligible for assistance for on-site housing rehabilitation assistance programs.

2. In the case where the Housing Services Administrator has determined that the costs for rehabilitation exceed program guidelines ($15,000.00), or more than 50% of the appraised after rehabilitation value, the applicant will be referred to other affordable housing providers for possible assistance through their housing programs. In the event of an emergency concerning health and safety or natural disaster, the Community and Economic Developer Director can approve costs exceeding program guidelines.

Section 7 - GRANT PROGRAM REQUIREMENTS

All grant programs will require, at a minimum, the following:

1. Title search on property.

2. Proof of Paid City, School and County Taxes.

3. Verification of income and financial analysis.

4. Property to be located inside the City of Palm Springs city Limits.

Section 8 - INFORMATION REQUIRED FROM ALL APPLICANTS

The following information is needed from all adult household members. An application will not be considered complete and processed until all information is received by the CED Staff.

1. Proof of ownership - Warranty Deed or other document as stated herein.

2. Utility receipts with applicant’s name

3. Copies of the following for all household members over the age of 18:
a. W-2's and 1040's (if employed)
b. Income Tax Returns for the past 2 years
c. Social security cards, current driver’s license or California ID

4. Authorization to obtain the following for all household members over 18:
a. Verification of other income, or assets
b. Verification of Employment
c. Verification of Unemployment check
Item 1Q - Page 36
7 d. Verification of Social Security, SSI, etc., checks e. Verification of Bank deposits

5. Receipts of paid City, School and County Taxes

6. HUD prohibits providing assistance to persons not lawfully present in the United States. All contributing members of the household receiving Program funds must be either a:

1. Citizen of the United States

2. Permanent Resident Alien

3. Temporary Resident Alien with authorization work in the United States.

The Program reserves the right to request documented verification as a condition to making an eligibility determination of the Applicant.

Section 9 - TEMPORARY RELOCATION

Applicants agree that participation in the program is voluntary and to voluntarily relocate during Lead Based Paint activities and general construction.

Voluntary homeowner rehabilitation does not trigger relocation requirements as per the Uniform Relocation Act for the homeowner.

Section 10 - PROGRAMS AVAILABLE
GRANTS

The Community and Economic Development Department provides grants to qualified homeowners for the rehabilitation of their single-family, condo or substandard mobile homes.

1. Grant applications are accepted in person at the City of Palm Springs Community and Economic Development Department, C/O Ariel Tolefree -Williams 3200 E Tahquitz Canyon Way, Palm Springs, CA 92263.

2. Applicants must meet the following requirements:
a. Income: Applicant’s total income may not exceed 80% of the median income for the area, adjusted to family size.
b. Ownership: Applicant/Homeowner(s) must live in said home and have clear title to property.
c. Applicant must have an ownership interest in any one of the following types of ownership in the property to be improved:
a) Individual fee owne rship with recorded deed (no corporate, trust, legal partnerships, etc.); or
b) Individual fee ownership subject to a mortgage or other lien securing debt; or
c) An ownership interest in a properly recorded land contract; or d) A life estate interest provided the following are met:

1. The life estate person occupying the dwelling to receive assistance must be income eligible.

Item 1Q - Page 37
8 2. The life estate agreement terms must be written, signed, and recorded in the public records of Riverside County, California.

3. Both the owner of the life estate and the holder(s) of the remainder interest must sign program documents.

4. The holder(s) of the remainder interest must sign the “Life estate Responsibility” form.
d. Taxes: City, School, and County Taxes must be paid and up to date at the time application is submitted.

3. Housing rehabilitation grants are for a maximum of $15,000.00 per home.

4. Qualified Applicants who own a home built prior to 1978 will be provided a grant that covers 100% of the total expense to perform a Lead Base Paint Risk Assessment/Inspection, all lab fees, interim controls and/or abatement procedures, and clearance testing to ensure that the home is lead safe.

5. Any expenses classified as costs related to Lead Base Paint Hazard Evaluation and Reduction Costs shall be covered by a grant and not be included when calculating Rehabilitation costs.

Section 11 -LEAD BASE PAINT TESTING AND LEAD HAZARD REDUCTION PLAN

All Applicants qualifying for assistance under any of the grant programs for rehabilitation will have their homes tested for lead based paint according to HUD guidelines if their home was constructed prior to 1978 except those properties exempt under the following:

Residential structures built after January 1, 1978.

Emergency action activities (Natural Disaster).

Existence of Lead Based Paint unlikely:

• Areas where state and local governments banned lead-based paint prior to January 1, 1978. • Properties found not to contain lead-based paint during earlier testing that meets the requirements of prior evaluations.
• Properties where all lead-based paint has been identified and removed using approved methods.

Human threat Unlikely:

• Unoccupied units that will be demolished.
• Property not used for human residential habitation.
• Rehabilitation that does not disturb paint.

Homeowners shall be provided with information about the hazards of lead-based paint. Testing shall be completed by a certified lead based paint testing professional. Personnel shall be required to follow all HUD standards regarding the testing of lead base paint.

Item 1Q - Page 38
9 The following actions must be taken to protect occupants from lead-based paint hazards associated with lead hazard reduction activities.

➢ Occupants may not enter the worksite during lead hazard reduction activities. Reentry is permitted only after lead hazard reduction activities are completed and the dwelling has passed a clearance examination.
➢ Occupants of the unit must temporarily relocate during lead hazard reduction activities.

Relocation shall be voluntary as part of the program assistance to be provided. Relocation must be done before lead hazard reduction activities begin.

Relocation is recommended when lead reduction procedures require that:
1) Utilities such as water, electricity, and gas are turned off for periods exceeding eight hours. 2) Lead reduction takes place in the kitchen or available bathrooms. 3) Extensive lead reduction in several rooms requiring work over several days. 4) Occupants cannot be prevented from entering the containment site after hours. 5) Debris and lead dust cannot be contained in the worksite and may spread to occupied areas. 6) A pregnant woman or a child under the age of six occupies the home.

Circumstances when occupant relocation is not required:
1) Treatment will not disturb lead-based paint or lead-contaminated dust. 2) Treatment of the interior will be completed within one period in eight daytime hours, the site will be contained, and the work will not create other safety, health, or environmental hazards. 3) Only the building’s exterior is treated; the windows, doors, ventilation intakes, and other openings near the worksite are sealed during hazard reduction activities and cleaned afterward; and a lead safe entry is provided.
4) Treatment will be completed within five calendar days; the work area is sealed; at the end of each day, the area within 10 feet of the containment area is cleared of debris; at the end of each day, occupants have safe access to sleeping areas, bathroom, and kitchen facilities; and treatment does not create other safety, health, or environmental hazards.

Occupants belongings should be protected from lead contamination during lead hazard reduction activities by relocating or covering and sealing them and ensure that the worksite is secured.

Section 12 - PROGRAM IMPLEMENTATION

METHOD OF IMPLEMENTATION FOR REHABILITATION AND EMERGENCY GRANT

PROGRAMS

1. Applications for assistance under any of the programs contained herein will be processed and reviewed by the Community and Economic Development Staff.

2. The Community and Economic Development Staff will formally accept or reject all applications for assistance based on meeting program requirements by staff review of submitted information received from the applicant, Title Company, etc.

3. Applications for program assistance will be taken on a "first come first serve" basis, except in emergency assistance cases.

4. Applicants will be chosen for eligibility review from a waiting list.

Item 1Q - Page 39
10 5. If an applicant is eligible for assistance, the Community and Economic Development Staff will help homeowner, if he /she/they so chooses, through the bidding process by advertising for proposals and receiving bids from general contractors.

6. Bid proposals must be according to the guidelines established by the Community and Economic Development Department to ensure compliance with the requirements applicable to the use of federal funds.

7. Homeowners Insurance shall be required for any home assisted through the Community and Economic Development Department’s Housing Rehabilitation Program.

8. In order to ensure maximum use of CDBG funds, the lowest most responsible bidder will be awarded the rehabilitation project. In cases where the lowest bid exceeds the maximum grant limit, the Homeowner(s) will have the option of:
a. Paying the difference over the maximum grant amount, or b. Reducing the amount of work to be done to comply with the maximum grant limits (although all safety, health and code violations shall not be omitted from specifications), or
c. The home may be rejected from participation in the rehabilitation program as said property will be considered beyond rehabilitation program assistance, and the project may be referred to other affordable housing providers housing programs.

9. After the Contractor has been selected, the Community and Economic Development Staff will fund for assistance through one or more of the programs previously described.

10. All activities undertaken in the Housing Rehabilitation Program are subject to the conditions and provisions set forth in the program's Mechanic's Lien Contract , Rehabilitation Contract, which is signed by both the Contractor and Homeowner(s) before commencement of the work.

11. If an unforeseen pro blem arises during the construction period, a change order may be submitted.

12. Change orders , if necessary, will be reviewed on a case-by-case basis and must be approved in writing by the City of Palm Springs Staff , Community and Econom ic Development Director, Contractor and Homeowner(s) before proceeding with the work being requested.

13. Grant amount including change orders may not exceed the maximum grant limits, unless an unforeseen problem arises such as (including, but not limited to):
a. Deteriorated roof decking
b. Deteriorated foundation beams
c. Faulty electrical wiring
d. Damaged plumbing lines (gas, water, sewer)
e. Interior wall and roof framing damage.

14. Change orders for unforeseen items, may not exceed 15% of the maximum grant limit or 25% of the original bid amount.

15. All participants (Applicants and Contractors) must abide by the Housing Rehabilitation Program Guidelines and procedures as established by the Community and Economic Development Housing Program Staff to participate in the program.

16. The City of Palm Springs Staff will:
a. Assist the Homeowner(s) in ensuring that all work is completed and passes city inspection according to established specifications, floor plans and/or City's Building Code and Ordinances.

Item 1Q - Page 40
11 b. Conduct a final inspection of the structure when notified to do so in writing by the Contractor.
c. When final inspection determines that the rehabilitation work has been satisfactorily completed according to the Specifications, floor plans , construction contract , City of Palm Springs ' Housing Rehabilitation Performance Manual and all applicable City Codes and Ordinances, and obtain from the Contractor a signed "Contractor's Affidavit ", along with affidavits fr om the electrician’s and plumber’s if applicable. Warranties for specific items will also be requested from Contractor before final payment is made.

17. Homeowners and Contractors are encouraged to resolve any dispute among themselves.

18. If Homeowner(s) and Contractor are not able to reach a mutual agreeable solution, then the dispute may be brought before the Community and Economic Development Department to review the situation and make a resolution ruling.

19. If the ruling is unacceptable by both parties, then the parties may seek legal recourse. The City of Palm Springs will not be a party to such litigation.

20. Applicants who cancel applications after title search, lead based paint inspection /testing, and/or specifications have been made shall be charged upfront for the soft costs (including staff time) to be expended when they reapply.

21. Applicants who postpone their applications will be placed at the bottom of the waiting list.

22. The City of Palm Springs will maintain all applications and files as required by the U.S.

Department of Housing and Urban Development and will be available for review by the U.S. Department of Housing and Urban Development Staff.

Section 13 - CONFLICT OF INTEREST

The City of Palm Springs covenants that neither member of its organization nor staff member who exercises influence on the decision making process presently has or will have any interest, direct or indirect, with any person, corporation, company or association hired to carry out any program activities or is a beneficiary of any program activity. All program participants will be required to sign a Conflict of Interest statement under which any existing or potential conflict of interest must be revealed.

Section 14 - STAFF INSPECTION- PLANS - SPECIFICATIONS
The City of Palm Springs will visit the site of the proposed project to do an inspection of the home and develop a preliminary work write-up.

1. In regard to rehabilitation, primary areas to be ins pected and evaluated will be those outlined in the International Property Maintenance Code . This code provides the minimum requirements necessary to maintain any residential occupancy in a safe and sanitary condition. Compliance with the American Disability Act will be required for those persons assisted with a physical disability.

2. Following the preliminary inspection, the City of Palm Springs will help Homeowner(s) in developing the specifications explaining work that is to be needed to make the home safe, decent, and sanitary.

Item 1Q - Page 41
12 Section 15 - REHABILITATION PLANS & SPECIFICATIONS

After the floor plan and specifications have been completed, the City of Palm S prings Staff will provide applicant with a preliminary cost estimate for all repairs to be made on home.

If the estimated construction cost exceeds the maximum grant limit, and applicant cannot pay for the excess cost to meet codes adopted by the City, the City of Palm Springs Staff shall refer the applicant to other affordable housing providers for consideration in their housing programs.

Section 16 - REHABILITATION

Upon approval of the plans and specifications by Homeowner, the City of Palm Springs Staff will develop detailed bid specifications and floor plans to provide bidding Contractors with a description of all work that is to be completed.

Detailed specifications will include a floor plan of the structure and a detailed description of all work to be done. Applicant will be required to sign a "Certificate of Acceptance" form. This is to confirm their agreement and full understanding of the scope of assistance to be provided.

Section 17 - OBTAINING BIDS FOR CONSTRUCTION

The Community Development Department will assist Homeowners through the bidding process by advertising for bidders via local newspaper, internet, email, or fax.

1. A maximum of fifteen (15) days will be given to allow Contractors enough time to prepare a bid and meet HUD regulations.

2. Staff will hold a pre-bid conference with all bidding Contractors to discuss any questions regarding specifications, floor plans and site locations.

3. Contractors must submit bids for Housing Rehabilitation projects to the Community Development Department in a sealed envelope within the time allotted, as specified in advertisement for bids, otherwise bids will not be considered.

4. All bids will be opened at a scheduled bid opening as specified in advertisement for bids.

5. Contractors will be awarded a maximum of two (2) contracts per bidding cycle. This limit may be waived by the Community Development Director provided that the Contractor has demonstrated capacity and experience on prior projects with the City of Palm Springs Community and Economic Development Department and negotiations with the second lowest bidder have failed. In the case that a Contractor is determined to be the lowest bidder on more than two contracts and does not have the demonstrated experience and capacity, the contracts to be awarded to the next lowest bidder upon determination the bid is reasonable and justifiable. The remaining bids will be awarded to the next lowest qualified bidder(s). Contractors bidding for the first time, and being low bidder on more than one home, will only be awarded one home.

6. Bidders proposals will be in effect for thirty (30) days after correctly submitting bid.

7. Upon award of a bid, Homeowner(s) shall issue a Notice to Pr oceed to Contractor no later than fifteen (15) days from the bid award date.

Item 1Q - Page 42
13 8. If the foregoing time limits are exceeded, it shall be the Bidders prerogative to withdraw his/her bid in writing, if he/she so desires.

9. If all bids are over the maximum grant limit amount, bids will be reviewed by the Homeowner(s) and City of Palm Springs Staff to decide what items, if any, listed in the Specifications can be eliminated, but still address all code related repairs. a. Non code related repairs may be eliminated to bring project within maximum grant limits.
b. If project cannot b e reduced to the maximum grant limit amount, the applicant may choose to pay the difference, up to 20% of the grant limit amount.

10. Once a Contractor has been selected, authorization to start construction will be in a Notice to Proceed Order to the Contractor.

11. Contractor will be required to start construction on project within ten (10) working days of contract signing.

12. Following approval of grants by Department, the Community and Economic Development Staff will prepare grant documents and notify applicant of the closing date.

13. During the grant closing process, all necessary grant documents and construction contracts will be signed by Homeowner(s) and Contractor.

14. The Homeowner, Contractor, and Community Development Staff shall attend the grant closing.

15. Contractors must register to get a Business License and get permits with the Building Department.

Section 18 - PREPARATION, RECEIPT AND OPENING OF BIDS

Each bid must be submitted on the supplied form and be accompanied by:

1. Non-Collusion Affidavit;

2. Agreement to provide the following:
a. Proof of General Contractor’s and Subcontractor’s (plumbers, electricians, etc.) business license with the City of Palm Springs.
b. List of all subcontractors;
c. Proof of General Liability & Automobile Insurance

3. Bids will be received by the Community and Economic Development Department of the City of Palm Springs until date and time specified on public notice, and then publicly opened and read aloud.

4. The envelopes containing the bids must be sealed, addressed to the City of Palm Springs Attn: Ariel Tolefree -Williams, Community and Economic Development Dept. 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 or via email to Ariel Tolefree-Williams at [email protected].

5. The City may consider informal any bid not prepared and submitted in accordance with the provisions thereof and may waive any informalities or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof.

6. Any bid received after the time and date specified shall not be considered.

7. Two qualified bids correctly submitted as specified above, shall be preferred per bid opening on each project.

8. The City reserves the right to reject any or all bids.

Item 1Q - Page 43
14 9. All required forms must be submitted at the time of bid opening.

10. Contractor and subcontractors must be in good standing and not be indebted to the City of Palm Springs.

Section 19 - QUALIFICATIONS OF BIDDERS

1. The City may make investigations as deemed necessary to determine the ability of the bidder to perform the rehabilitation work and the bidder shall furnish to the City of Palm Springs all such information and dates for the purpose as the City may request.

2. The City reserves the right to reject any bid if the evidence submitted by or investigation of, such bidder fails to satisfy the City that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein.

3. Conditional bids will not be accepted.

4. Bidder must agree to commence work on or before a date to be specified in a written "Notice to Proceed" from the Homeowner(s) and to fully complete the improvements within the time period specified in the contract between the Homeowner(s) and Contractor.

5. Bidder must agree to also pay, as a penalty for not complying with the time specified in the Contract, the sum of $75.00 for each working day beyond the time specified.

6. Each bidder must inform himself/herself fully of the conditions relating to the construction of the project and the employment of labor thereon.

7. Contractor/Bidder will acknowledge that he/she is familiar with conditions enabling him to estimate costs or work as called for.

8. Quantities and dimensions as indicated on specifications and floor plans are approximate.

9. It is the Contractors responsibility to verify all quantities and dimensions for the purpose of estimating. Failure to do so will not relieve a successful bidder of his obligations to furnish all material and labor necessary to carry out the provisions of his/her contract.

10. Insofar as possible, the Contractor, in carrying out his/her work must employ such methods or means as will not cause any interruption of, or interference with the work of any other Contractor.

11. If a Homeowner remains in the home during rehabilitation of the home, and a utility is to be turned off for rehabilitation purposes, and left off for more than twenty -four hours, there will be a fine of $50.00 per day unless temporary facilities are set up on the premises at the Contractor’s expense.

12. No interpretation of the meaning of the plans, specifications or other pre-bid documents will be made to any bidder orally.

13. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be mailed to all prospective bidders or may be distributed at the pre-bid conference.

14. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his/her bid as submitted.

15. All addendums so issued shall become a part of the Contract documents.

16. The Bidder's attention is directed to the fact that all applicable State Laws, Municipal Ordinances and the rules and regulations of all authorities having jurisdiction over Item 1Q - Page 44
15 construction of the project shall apply to the contract throughout and they will be deemed to be included in the contract the same as though herein written out in full.

17. At the time of opening of bids, each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the plans, specifications and contract documents (including all addendum and/or interpretations).

18. The failure or omission of any bidder to examine any form, instrument or document shall in no way relieve any bidder from obligation in respect of his/her bid.

Section 20 - CONSTRUCTION

During the construction phase, the City of Palm Springs Staff will make periodic inspections to ensure work is completed in a satisfactory manner and to ensure compliance with specifications , floor plans, City codes, City of Palm Springs Housing Rehabilitation Performance Manual and other terms and conditions of the construction contract.

Section 21 - CONTRACTOR REQUIREMENTS AND RESPONSIBILITIES

1. Contractors shall be required to furnish evidence of the following:
a. Commercial General Liability Insurance protecting the Owner(s) in an amount of not less than $500,000.00 Each Occurrence, $500,000.00 General Aggregate; b. $500,000.00 Products & Completed Operations Aggregate in case of bodily injury including death and property damage (inclusion o f Builder's Risk Ins.) arising out of the work performed by or on behalf of the Contractor;
c. Automobile Liability Insurance coverage in an amount of at least $20,000.00 each person, $40,000.00 each accident for bodily injury including deat h and $15,000.00 for property damage, as required by the Texas Safety Responsibility Act.

2. Plumbers and Electricians hired by Contractors must have master license for their respective trades and have their professions registered with the NAME OF GRANTEE.

Plumbers and Electricians will be required to obtain their own permits.

3. General Contractor will not be allowed to pick up permits for their Plumbers or Electricians.

4. Contractor shall be required to obtain all necessary building permits before starting construction.

5. Contractor will also call upon the proper authorities for code compliance inspections and assume the fee for the same.

6. Contractor shall submit sealed bids promptly and accurately to the Community and Economic Development Department at City of Palm Springs, ATTN: Ariel Tolefree - Williams, 3200 E Tahquitz Canyon Way, Palm Springs, CA 92262, on or before the time specified in the bid packet.

7. Contractors will be allowed to visit proposed construction sites after bid packets are issued.

8. During the pre -bid conference Contractor will clarify if so needed, with the Housing Rehabilitation Staff, any item stated on the specifications , otherwise, the specifications shall remain as written.

Item 1Q - Page 45
16 9. Contractor shall review specifications with accompanying floor plans so that any item or any work specified in either the specifications or floor plans are to be executed the same as if occurring in both.

10. Any items of labor or articles of materials that are neither directly nor indirectly shown on the drawings or mentioned in the specifications but are nevertheless necessary for proper completion of the obvious intention hereof, are to be provided by the Contractor in his bid.

11. Should any drawings o r dimensions be omitted on the scale drawings where are necessary for a clear and comprehensive understanding, or should any errors appear in either, it will be the responsibility of the Contractor to advise the proper parties, but not go on with the work in uncertainty.

12. All materials of all kinds and character, except those materials included in the contract of a subcontractor, are to be furnished by the General Contractor unless otherwise therein described.

13. The Contractor is to furnish all transportation, labor, materials, apparatuses and tools for doing the entire work in the best possible and most rapid manner; and to its entire proper and substantial completion.

14. The Contractor shall be responsible for removal or trimming of any trees, shrubs, etc.

15. The Contractor shall be held responsible for any violation of City Ordinances.

16. The Contractor shall remove all rubbish, waste material and construction material from site no less than once a week, and keep the premises as clean as possible during the process of the rehabilitation work.

17. At the time of project completion, the Contrac tor shall deliver the building in a broom clean condition.

18. Contractor shall be required to commence work within ten (10) working days from contract signing (or as stated in the Notice to Proceed) , and shall meet deadline for completion of project as specified in the Construction Contract.

19. Contractor shall follow Lead Base Paint Safe Work Practices in the event lead base paint is found in the home.

20. Any Contractor exceeding the deadline will be penalized according to the Construction Contract. Contractors will be given one additional work day for every approved rain day during the construction period as specified in the Construction Contract.

21. All labor is to be done in a skillful and thorough manner. All material to be of the dimension, design and grade as specified.

22. Unless specified otherwise, any patented materials specified by trade name are to be applied or installed strictly according to manufacturer's specifications.

23. Contractor shall be responsible for any subcontractors hired to do any part of this contract.

24. Contractor will be allowed one extension on each job, providing said extension is justifiable and requested by Contractor in writing.

25. Any telephone wiring , cables for internet, surveillance equipment, etc., removed or damaged by Contractor or Subcontractor shall be replaced or reinstalled at Contractor's expense.

26. Property items that do not call for removal on the specifications shall be reinstalled or replaced by Contractor before final inspection.

27. Contractor shall request final inspection only when the job is 100% complete.

28. Final inspection shall include among other requirements, trash removal from premises.

Item 1Q - Page 46
17 29. Plumbing and electrical work will need to be inspected and approved by the City of Palm Springs Building Department before final payment can be made to General Contractor.

30. When job is 100% complete, the Contractor shall submit a General Contractor's notarized sworn affidavit that all material suppliers and subcontractors have been fully paid, and liens against the property have been released.

31. Contractor shall submit all pay requests in writing, no less than five (5) working days before payment being issued.

32. Drawdown requests for contractor payments will not be processed until all documents for payment have been signed by Homeowner, Contractor and Community and Economic Development Staff.

33. Payments to General Cont ractor for Rehabilitation work will be made out according to completion percentage as specified below:

Draw 1 - 30% completion payment less 10%
Draw 2 - 30% at 60% completion less 10%
Draw 3 - 30% at 100% completion less 10%
Final Draw - 10% after completion of all punch list items.

Section 22 - GUARANTEES & WARRANTIES

1. Contractor shall guarantee all work detailed in the specification s from date of final acceptance by Homeowner(s) and the Community and Economic Development Department.

2. Contractor must respond to life, health, and safety defects within 24 hours.

3. Contractor shall give Homeowner(s) and the Community and Economic Development Department a copy of all manufacturer’s and suppliers written warranties covering material and equipment furnished under the contract from Contractor.

4. Contractor shall present Homeowner(s) and the Community and Economic Development Department, at a minimum, written copies of manufacturer warranties as follows:
a. Shingle Roofing -- Copy of manufacturer’s warranty (Min 25 year) b. Water Heater
c. Air Conditioning/Heating equipment

5. Guarantee periods (beside manufacturers warranties) are as follows:

1 year: for any newly installed sheetrock, framing, insulation, exterior siding and trim, roofing, flooring, foundation (leveling) exterior and interior doors and windows.

2 years: New electrical wiring, plumbing lines and central air conditioning and heating.

Section 23 – REHABILITATION DEFICIENCIES

1. Deficiencies during the 1-to-2-year warranty period must be corrected within ten (10) working days from Contractor being notified by the Homeowner(s) or in some cases from the City of Palm Springs Community and Economic Development Department on behalf Item 1Q - Page 47
18 of Homeowner, unless a danger exists to Homeowner. In this case repairs shall be done immediately upon notice.

2. If Contractor fails to repair said items after verbal notice, Contractor will be notified via certified mail to correct items within 10 days upon receipt of said notice. However, if a danger exists, repairs shall be done immediately upon notice.

3. If Contractor fails to repair said warranty items within the ten (10) day period in the certified notice, the Homeowner has the option of requesting in writing that the City hire another Contractor to make repairs.

4. If a Contractor fails to honor any work covered during the warranty he shall be deemed ineligible for any future program participation.

5. With respect to all work performed under this contract, the Contractor shall:
a. Comply with the safety standard provisions of applicable laws, building and construction code and the "Manual of Accident prevention in Construction" published by the Associated General Contractors of America," the requirements of the Occupational Safety and Health Act of 1970, (Public law 91 -956), and the requirements of Title 29 of the Code of Federal Regulations Sec. l5l8, as published in the Federal Register Vol. 36, #75, Saturday, April 17, 1971. b. Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees), and property. c. Maintain at his/her office or other well -known place at the job site, all articles necessary to give first aid to the injured, and s hall make standing arrangements for the immediate removal to a hospital or a doctors care of persons (including employees who may be injured on the job site.)
d. In no case shall employees be allowed to work at a job site before the employer has arranged for removal of the injured person(s) to a hospital or doctor's care.

Section 24 - SUB-CONTRACTORS

The General Contractors are specifically advised that any person, firm or party to whom it is proposed to award a subcontract under this contract must:

1. Be acceptable to both the Homeowner(s) and the Community and Economic Development Department.

2. Approval of the proposed contract award cannot be given by the Community and Economic Development Department unless and until the proposed subcontractor h as submitted the required documentation stipulated in the bid documents and/or other evidence showing that they have fully complied with any requirements to which they are subject to.

3. Although the bidder is not required to attach such certifications by proposed contractors to his bid, the bidder is hereby advised of this requirement so that appropriate action can be taken to prevent subsequent delay.

4. Electrician, mechanical, and plumbing subcontractors will obtain permits from the Building Inspection office. General Contractors will not be allowed to pick up permits for Plumbers or Electricians.

Item 1Q - Page 48
19 Section 25 - GRIEVANCE POLICY

1. Any person who has applied for participation and/or received assistance under the Housing Rehabilitation Program may register any complaints in writing with the Community and Economic Development Department.

2. The Community and Economic Development Director shall have thirty (30) days to respond to said complaint.

3. If Community Development Director’s response is unsatisfactory, Complainant may then request in writing a review of the matter by the City Manager.

4. The City Manager shall review complaint as registered in writing. Review will contain:
a. Initial written complaint submitted to the Community and Economic Development Director
b. Response from the Community and Economic Development Director. c. Complainants request for review by the City Manager. d. Any information provided by Complainant or Housing Rehabilitation Staff directly related to the written complaint.

5. The City Manager, upon reviewing all related information to complaint, shall make the final decision on the complaint.

6. The decis ion shall be provided in writing to Community and Economic Development Director and Complainant within fifteen (15) days.

7. The City Manager shall act in an advisory capacity to correct the issue being reviewed.

8. If Complainant is dissatisfied with the decis ion of the City Manager, Complainant may then write to the U.S. Dep artment of Housing and Urban Development (the funding agency for the Community Development Block Grant Program).

Section 26 - CONTRACT PROVISIONS

1. The City of Palm Springs may make such investigations as deemed necessary to determine the ability of the Contractor to perform the rehabilitation work and the Contractor will furnish to the City all such information and dates for the purpose as the City may request.

2. The City reserves the right to reject any bid if the evidence submitted by or investigation of such Contractor fails to satisfy the City that such Contractor is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein.

3. Failure to comply with all provisions of the Program Guidelines, the Housing Rehabilitation Contract, City of Palm Springs ' Contractors Performance Manual and all applicable City Codes' and Ordinances will constitut e grounds for corrective action by the City and may disqualify Contractors participation in the Housing Rehabilitation Program.

Section 27 – DOCUMENT MAINTENANCE

These guidelines/policies will undergo the normal periodic process of revisions, corrections, and additions to ensure compliance with federal regulations and the intent of the program. Any changes due to statutory or regulatory requirements or changes to existing policies approved by the City Council to incorporate changes made to existing policies codified in the Code of Federal Regulations are also considered as non-significant and can be approved at the staff level.

Item 1Q - Page 49
20 Approved this 14 day of September, 2023
Item 1Q - Page 50
21 Section 28 - PROGRAM DOCUMENTS

Rehabilitation Tracking Sheet

Program Application
Eligibility Release Form
Financial Privacy Notice
HUD Program Application Requirements
Affidavit of Homeowner
Certification of Zero Income
Income Tax Verification
Confirmation of Receipt of Lead Pamphlet (Protect your Family) Confirmation of Receipt of Renovate Right pamphlet

Medical Necessity Form

Verification Forms
Employment
Assets
Pension & Annuities
Public Assistance
VA Benefits
Child Support Payments
Mortgage

Life Estate Responsibility
Household Income Certification (HIC)
Preliminary Cost Estimate
Letter of Acceptance/Denial
Grant Estimate
Homeowners Bid Authorization form
Waiver of Handicapped Accessible Items
Certification of Acceptance
Agreement to Participate
Bid Tabulation with homeowners approval
Award Letter to Contractor
Closing Disclosure
Rehabilitation Grant Agreement
Construction Contract
Mechanic’s Lien
Transfer of Lien
Notice of Lead Hazard Reduction
Contractors Application
Contractors Evaluation
Contractors Affidavit & Warranty
Subcontractors Affidavit & Warranty
Acknowledgement of Documents
Release of Lien

Item 1Q - Page 51
22 Affidavit, 11, 14, 22
appeal, 20
Authorization, 6, 22
Bid
proposal, 10, 22
bid proposal, 10
bidder, 10, 13, 14, 15, 19
bidders, 13, 15
cancel, 12
Change orders, 11
Code, 4, 11, 12, 18
contract, 5, 11, 14, 15, 16, 17, 18, 19, 20
Contract, 11, 15, 17, 20
death, 16
demolished, 9
Disabled, 5
electrical, 11, 17
Electricians, 16
Eligibility, 6, 22
eligible, 4, 5, 6, 10
emergency, 8
Emergency
emergency, 8, 9, 10
flood plain, 6
floor plans, 11, 13, 15, 16
grant, 5, 8
Grievance, 4, 19, 20
guarantee, 18
Head of Household, 5
Elderly, 5
Non Elderly, 5
Income, 6, 7
income, 4, 5, 6, 7
income limits, 6
Income Tax, 6
inspection, 6, 8, 11, 12, 17
inspections, 15, 16
Insurance, 6, 16
Lead Base Paint, 8, 17
loan closing, 14
maximum, 8, 10, 11, 12, 13
Notice to Proceed, 13, 15
Occupants
occupants, 8, 9, 10
operating a business, 5
Ownership, 7
payment, 11, 17
Payments, 17
permits, 16, 19
Plumbers, 16
postpone, 12
pre-bid conference, 13, 15, 16
qualified contractor, 10
registration, 14
Relocation, 9
requirements, 4, 5, 7, 8, 9, 10, 12, 17, 18, 19
Social security, 6
specifications, 3, 10, 11, 12, 13, 15, 16, 17
Taxes, 6, 7, 8
Title search, 6
Total family income, 5
Utility receipts, 6
Verification, 6, 22
Verification of
Bank Deposits, 6
Employment, 6
Social Security, 6
Unemployment, 6
W-2's and 1040's, 6
waiting list, 3, 10, 12
warranty, 5, 18
Warranty Deed, 6

Item 1Q - Page 52
23 ATTACHMENT 1- INCOME LIMITS

Income Limits for FY 2023-2024, Effective June 15, 2023 Riverside – San Bernardino – Ontario, CA MSA

%
AMI 1 Person 2 Persons 3 Persons 4 Persons 5 Persons 6 Persons 7 Persons 8 Persons 30% $19,600 $22,400 $25,200 $27,950 $30,200 $32,450 $34,700 $36,900 50% $32,600 $37,300 $41,950 $46,600 $50,350 $54,100 $57,800 $61,550 60% $39,180 $44,760 $50,340 $55,920 $60,420 $64,920 $69,360 $73,860 80% $52,200 $59,650 $67,100 $74,550 $80,550 $86,500 $92,450 $98,450

Definitions:

AMI: Area Median Income
Income Limit: Total for all residents over 18 years of age in the household.

* The FY 2014 Consolidated Appropriations Act changed the definition of extremely low-income to be the greater of 30/50ths (60 percent) of the Section 8 very low-income limit or the poverty guideline as established by the Department of Health and Human Services (HHS), provided that this amount is not greater than the Section 8 50% very low-income limit. Consequently, the extremely low (30%) income limits may equal the very low (50%) income limits.

Item 1Q - Page 53

CITY COUNCIL STAFF REPORT
09/14/2023
SUBJECT:

APPROVAL OF AMENDMENT NO. 1 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2023-24 AND FISCAL YEAR 2024-25 RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 1

TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2022-2023, ADOPTED BY RESOLUTION NO. 25033.”

1. Authorize the City Manager to execute all documents necessary to effectuate this action.

2. Attachments
Item 1R

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 14, 2023 CONSENT CALENDAR

SUBJECT: APPROVAL OF AMENDMENT NO. 1 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2023-24 AND FISCAL YEAR 2024-25

FROM: Scott Stiles, City Manager

BY: Stephanie George, Director of Human Resources

SUMMARY:

City Council will consider an amendment to the 2023/24 fiscal year Allocated Positions and Compensation Plan, which includes the removal of a Crime Analyst and Recreation Program Aide positions, the addition of the Emergency Medical Services Coordinator position, and reclassification of an Administrative Assistant to an Administrative Specialist as well as non-substantial title changes, administrative changes, and corrections. There is no significant fiscal impact and the number of full-time equivalent (FTE) staff in total will reduce by one (1).

RECOMMENDATION:

1. Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CA LIFORNIA, APPROVING AMENDMENT
NO. 1 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2022-2023, ADOPTED BY RESOLUTION NO. 25033.”

2. Authorize the City Manager to execute all documents necessary to effectuate this action.

BACKGROUND:

The Allocated Positions and Compensation Plan (“Plan”) includes all authorized positions within the City as approved during the fiscal year budget. Staffing needs are continually being assessed and as needs change, position changes are sometimes necessary. Every effort has been made to stay within the current budget and number of allocated positions.

Additionally, the City has an obligation to meet and confer the representing associations of any new positions introduced in the budget. After conclusion of those good faith Item 1R - Page 1
City Council Staff Report
September 14, 2023 – Page 2
2023-2024 Allocated Positions and Compensation Plan – Amendment 1

meetings, staff is requesting minor adjustments to the current allocated positions and compensation plan as well as a couple of administrative corrections.

Fire

The Fire Department has a current contract with Emergency Resilience, LLC for emergency medical services continuous quality improvement coordinator services. The need for these services is ongoing; in year 2022, the Fire Department responded to 9,591 emergency medical calls for service and these calls for service are anticipated to grow .

Due to the nature of this work and the high level of involvement needed with the department, it would be more appropriate for a full-time employee than a contractor.

Staff recommends letting the contract with Emergency Resilience, LLC expire and use the remaining budgeted funds from the contract to hire a full -time Emergency Medical Services coordinator (MX53). Additional funds are available from vacancy savings in the current budget.

Police

The Police Department added a second Crime Analyst position with the fiscal year 2022/23 budget. After further review, a service that provides crime analyst duties as well as additional services and software that will allow the department to search the web for local threats would be more beneficial. This position is represented by the Public Employees Association of Palm Springs (“PEAPS”). PEAPS has agreed to release this vacant, represented position.

Staff recommends removing the vacant Crime Analyst position from the allocat ed positions and compensation plan and using those funds towards a contract for similar and expanded services and software.

Additionally, Council approved the memorandum of understanding with the Palm Springs Police Management Association (“PSPMA”) which included a 4% increase to unit members effective the pay period which includes July 1, 2023. That increase was reflected in the salary schedules that were attached to the fiscal year 2023/24 budget.

There was an error in what was reflected for the Lieutenant position salary amounts. The attached salary schedule corrects the error and is retroactive to June 25, 2023.

Maintenance and Facilities

A Maintenance Supervisor I is a new position that was added to the plan with the fiscal year 2023/2 4 budget to replace the previous Maintenance Supervisor position in the Downtown Maintenance Division. Human Resources has met and conferred with the Management Association of Palm Springs (“MAPS”) on the changes to the Maintenance Supervisor position and agree that the position is more appropriately suited at range MX48 instead of range MX47 of the management salary schedule. This is a 2.5% increase Item 1R - Page 2
City Council Staff Report
September 14, 2023 – Page 3
2023-2024 Allocated Positions and Compensation Plan – Amendment 1

in salary to the range of the position but due to the position being funded at step 4 and vacancy salary savings, no additional funding is being requested.

Staff recommends a range adjustment from MX47 to MX48 for the new Maintenance Supervisor I position.

Parks and Recreation
The Parks and Recreation department currently is allocated two (2) Administrative Assistant (GU33) positions. The department would be more efficient and better served having one of these positions supervise the other. The position would need to be reclassed to the higher -level Administrative Specialist (MX41) position to have supervisory duties and perform additional work assignments associated with the higher class specification. The department has an allocated and funded Recreation Program Aide (GU24) position that is vacant and no longer needed. Removing the Recreation Program Aide would fully fund the reclass of one (1) Administrative Assistant to Administrative Specialist and result in no increase in expenditures to the City.

Staff recommends removing one (1) Recreation Program Aide and Reclassifying one (1) Administrative Assistant to Administrative Specialist. This change would reduce the overall FTE count by one (1) FTE.

Other

The amended plan and attached salary schedule also include minor administrative changes such as a title changes for the Director of Procurement to the Director of Procurement and Contracting , and Maintenance Electrician HVAC to Maintenance Technician HVAC , as well as similar corrections to properly reflect amendments previously approved by Council on September 29, 2022 and went into effect on October 2, 2022 replacing the Cogeneration Technician with a Maintenance Electrician.

FISCAL IMPACT:

Approval of this amendment and any associated fiscal impacts are funded by vacancy salary savings and within current budgeted allocations.

Item 1R - Page 3
City Council Staff Report
September 14, 2023 – Page 4
2023-2024 Allocated Positions and Compensation Plan – Amendment 1

REVIEWED BY:

Department Director: Stephanie George
Deputy City Manager: Jeremy Hammond
City Manager: Scott Stiles

ATTACHMENTS:

A. Proposed Resolution Amendment 1 to Allocated Positions and Compensation Plan B. Amended Allocated positions and compensation plan for fiscal year 2023-24 C. Amended Police Management Salary Schedule
D. Amended Management Unit Salary Schedule
E. Amended General Unit Salary Schedule
F. Amended Executive and Elected Salary Schedule

Item 1R - Page 4

ATTACHMENT A

Item 1R - Page 5
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, APPROVING
AMENDMENT NO. 1 TO THE ALLOCATED POSITIONS
AND COMPENSATION PLAN FOR FISCAL YEAR 202 3-
2024, ADOPTED ON JUNE 29, 2023.

WHEREAS, Council approved the allocated positions and compensation plan with the adoption of the fiscal year 2023-24 budget on June 29, 2023.

WHEREAS, Staff met and conferred with the representing associations on the affected positions and the need to make staffing adjustments exists.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1.

That effective October 1 , 2023 , the Allocated Positions and Compensation Plan is hereby amended as follows:

Department Action Classification +/-
FTE Unit/Range
Fire Add Emergency Medical Services Coordinator 1 MX53
Police Remove Crime Analyst 1 GU41
Maintenance
& Facilities
Range
Adjustment Maintenance Supervisor I 1 MX47 to
MX48
Parks &
Recreation Remove Recreation Program Aide 1 GU24
Parks &
Recreation Reclassification Administrative Assistant to Administrative Specialist 0 GU33 to
MX41

SECTION 2. The Director of Human Resources is authorized and directed to modify the Fiscal Year Allocated Positions Plan and fulfill any meet and confer process(es) in accordance with th ese changes and other non-substantial administrative changes.

Total Authorized positions 2023-2024 (As Adopted) 619.00 Total Authorized positions 2023-2024 (Amendment 1) 6 20.00

Item 1R - Page 6
Resolution No. _____

Page 2 ends

ADOPTED THIS 14TH DAY OF SEPTEMBER 2023.

SCOTT C. STILES

CITY MANAGER

ATTEST:

BRENDA PREE, MMC

CITY CLERK
Item 1R - Page 7
Resolution No. _____

Page 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, Brenda Pree, City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 21st day of February 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.

BRENDA PREE, MMC

CITY CLERK
Item 1R - Page 8

ATTACHMENT B

Item 1R - Page 9
CITY OF PALM SPRINGS 2023 - 2024 Allocated Positions & Compensation Plan AVIATION 86.50
Airport Administration Section Total 17.00
Executive Director PS International Airport EX3 83 1.00 Assistant Airport Director EX3 72 1.00
Airport Safety Management Systems Manager MX 54 1.00
Deputy Director of Planning & Engineering EX3 70 1.00
Aviation Planner MX 52 1.00
Business Intelligence Developer MX 55 1.00
Innovation & Strategic Implementation Manager MX 54 1.00 Project Manager MX 58 1.00
Executive Program Administrator EX2 52 2.00
Executive Administrative Assistant EX2 45 1.00
Deputy Director of Aviation - Marketing MX 62 1.00
Marketing & Communications Specialist MX 51 1.00
Community Engagement & Legislative Affairs Specialist EX2 54 1.00 Airport Administration Manager MX 61 1.00
Administrative Specialist MX 41 1.00
Account Specialist II G 39 1.00
Control Center Operations Section Total 26.00
Airport Operations Manager MX 56 2.00
Airport Security Supervisor MX 52 1.00
Airport Security Manager MX 56 1.00
Airport Operations Supervisor MX 52 4.00
Airport Operations Specialist II G 46 3.00
Airport Operations Specialist I G 44 15.00
Airport Operations Aide G 34 0.00
Terminal Operations Section Total 43.50
Maintenance Superintendent MX 54 1.00
Maintenance Supervisor MX 51 4.00
Maintenance Coordinator G 41 2.00
Maintenance Electrician G 45 1.00
Maintenance Technician HVAC G 45 2.00
Maintenance Technician, Senior G 45 1.00
Maintenance Technician II G 39 3.00
Maintenance Technician I G 35 4.00
Maintenance Worker, Lead G 38 2.00
Maintenance Worker I G 28 17.00
Industrial Technician, Lead G 48 1.00
Industrial Technician G 45 3.00
Custodian G 25 2.50
Dept./Section/Classification Unit Range Allocated
Positions
Revised September 14, 2023
Effective October 1, 2023
Item 1R - Page 10
CITY OF PALM SPRINGS 2023 - 2024 Allocated Positions & Compensation Plan Dept./Section/Classification Unit Range Allocated
Positions
BUILDING & SAFETY 15.00
Building & Safety Section Total 15.00
Building Official EX2 67 1.00
Plans Examiner Supervisor MX 55 1.00
Building Inspector Supervisor MX 51 1.00
Administrative Assistant G 33 1.00
Administrative Specialist MX 41 1.00
Plans Examiner G 47 2.00
Building Inspector G 45 4.00
Permit Center Technician G 43 4.00
CITY CLERK 6.00
City Clerk Section Total 6.00
City Clerk EX4 73 1.00
Chief Deputy City Clerk MX 54 1.00
Deputy City Clerk MX 40 2.00
Executive Administrative Assistant EX2 45 1.00
Executive Services Assistant G 28 1.00
CITY COUNCIL 2.00
City Council Section Total 2.00
Executive Assistant Mayor/Council EX2 48 1.00
Executive Administrative Assistant EX2 45 1.00
CITY MANAGER 6.00
City Manager Section Total 4.00
City Manager CM FLAT 1.00
Special Assistant to the City Manager EX2 66 1.00
Executive Services Administrator EX2 48 1.00
Deputy City Manager EX4 84 1.00
Assistant City Manager Section Total 2.00
Assistant City Manager¹ EX4 88 1.00
Executive Program Administrator (Funded in Dev Services) EX2 52 1.00 COMMUNICATIONS 4.00
Communications Section Total 4.00
Chief Communications Officer EX2 64 1.00Revised September 14, 2023 Effective October 1, 2023
Item 1R - Page 11
CITY OF PALM SPRINGS 2023 - 2024 Allocated Positions & Compensation Plan Dept./Section/Classification Unit Range Allocated
Positions
Director of Communications EX2 60 1.00
Office of Neighborhoods, Manager EX2 60 1.00
Marketing & Communications Specialist MX 51 1.00
COMMUNITY & ECONOMIC DEVELOPMENT 10.00
Community & Economic Development Section Total 6.72
Deputy City Manager EX4 84 1.00
Director of Community & Economic Development EX3 76 0.27 Administrative Specialist MX 41 1.00
Community Development Administrator MX 53 0.45
Central Business District Administrator MX 59 0.50
Chief Economic Development Officer EX3 70 1.00
Homeless Outreach Coordinator MX 53 1.00
Housing Services Administrator MX 57 1.00
Redevelopment Coordinator MX 51 0.50
Community Development Block Grant Section Total 0.20
Community Development Administrator MX 53 0.20
CRA Merged Area #1/Merged #1 CAP Successor Section Total 1.43 Director of Community & Economic Development EX3 76 0.43 Central Business District Administrator MX 59 0.50
Redevelopment Coordinator MX 51 0.50
Housing Successor Project Section Total 0.20
Director of Community & Economic Development EX3 76 0.15 Community Development Administrator MX 53 0.05
New Housing Section Total 1.15
Director of Community & Economic Development EX3 76 0.15 Community Development Administrator MX 53 0.30
Housing Program Assistant G 39 0.70
Rent Control Section Total 0.30
Housing Program Assistant G 39 0.30
ENGINEERING SERVICES 17.00
Engineering Services Section Total 17.00
City Engineer EX3 79 1.00
Administrative Specialist MX 41 1.00
Administrative Secretary MX 39 1.00
Civil Engineer, Associate¹ MX 59 1.00
Civil Engineer, Senior¹ (Funded in Wastewater) MX 64 2.00 Civil Engineer, Senior (Funded in Aviation) MX 64 1.00Revised September 14, 2023 Effective October 1, 2023
Item 1R - Page 12
CITY OF PALM SPRINGS 2023 - 2024 Allocated Positions & Compensation Plan Dept./Section/Classification Unit Range Allocated
Positions
Engineering Assistant MX 51 1.00
Engineering Assistant, Senior¹ MX 53 1.00
Engineering Associate MX 59 1.00
Public Works Inspector, Senior¹ MX 52 1.00
Permit Center Technician¹ G 43 1.00
Principal Engineer MX 66 1.00
Project Manager MX 58 2.00
Public Works Inspector1 G 46 2.00
FINANCE & TREASURY 24.00
Administration & Treasury Section Total 6.00
Director of Finance & Treasurer EX3 82 1.00
Accounting Manager MX 59 1.00
Auditor MX 54 3.00
Executive Administrative Assistant EX2 45 1.00
Accounting & Accounts Receivable Section Total 5.00
Assistant Director of Finance EX3 72 1.00
Accountant MX 51 2.00
Accountant (funded in Aviation) MX 51 1.00
Account Specialist II G 39 1.00
Budget, Audit & Revenue Section Total 8.00
Audit & Revenue Supervisor MX 58 1.00
Budget Analyst MX 54 1.00
Budget Manager MX 59 1.00
Account Specialist G 35 1.00
Account Clerk I G 28 1.00
Account Clerk II G 31 2.00
Account Technician, Senior MX 45 1.00
Payroll & Accounts Payable Section Total 5.00
Account Technician, Senior MX 45 1.00
Payroll and Accounting Manager EX2 63 1.00
Payroll Coordinator MX 46 1.00
Account Specialist G 35 2.00
FIRE 97.00
Airport Rescue Firefighting Section Total 12.00
Fire Captain FC 64 3.00
Fire Engineer (includes Paramedic classification) F 45 - 46 9.00 Revised September 14, 2023
Effective October 1, 2023
Item 1R - Page 13
CITY OF PALM SPRINGS 2023 - 2024 Allocated Positions & Compensation Plan Dept./Section/Classification Unit Range Allocated
Positions
CFD Public Safety Fire Section Total 0.80
Fire Captain (includes Paramedic classification) F 64 - 65 0.80 Fire Administration Section Total 81.70
Fire Battalion Chief FMX 70 4.00
Fire Captain (includes Paramedic classification) F 64 - 65 17.20 Fire Chief EX4 89 1.00
Fire Deputy Chief FMX 78 2.00
Fire Engineer (includes Paramedic classification) F 45 - 46 15.00 Firefighter (includes Paramedic classification) F 40 - 41 30.50 Firefighter (overhire) F 40 - 41 1.00
Account Specialist II G 39 1.00
Administrative Specialist MX 41 1.00
Administrative Assistant G 33 1.00
Emergency Medical Services Coordinator MX 53 1.00
Emergency Management Coordinator MX 53 1.00
Fire Marshal MX 64 1.00
Fire Prevention Specialist G 42 4.00
Plans Examiner II G 54 1.00
Safety Augmentation - Fire Section Total 2.50
Firefighter (includes Paramedic classification) F 40 - 41 2.50 HUMAN RESOURCES 12.00
Employee Benefits Section Total 1.75
Director of Human Resources EX4 76 0.30
Executive Administrative Assistant EX2 45 0.20
Executive Program Administrator EX2 52 0.20
Human Resources Specialist, Senior MX 50 0.45
Human Resources Specialist MX 43 0.60
Human Resources Section Total 5.95
Administrative Specialist MX 41 1.00
Director of Human Resources EX4 76 0.25
Executive Administrative Assistant EX2 45 0.50
Executive Program Administrator EX2 52 0.50
Human Resources Manager EX2 63 1.00
Human Resources Specialist (funded in Aviation) MX 43 1.00 Human Resources Specialist MX 43 1.70
Workers Compensation Section Total 4.30
Director of Human Resources EX4 76 0.45
Executive Administrative Assistant EX2 45 0.30
Revised September 14, 2023
Effective October 1, 2023
Item 1R - Page 14
CITY OF PALM SPRINGS 2023 - 2024 Allocated Positions & Compensation Plan Dept./Section/Classification Unit Range Allocated
Positions
Executive Program Administrator EX2 52 0.30
Human Resources Specialist MX 43 0.70
Human Resources Specialist, Senior MX 50 1.55
Human Resources Technician G 37 0.00
Occupational Health & Safety Manager EX2 63 1.00
INFORMATION TECHNOLOGY 20.00
Information Technology Section Total 20.00
Director of Information Technology EX3 78 1.00
Assistant Director of Information Technology EX3 72 1.00 Administrative Assistant G 33 1.00
Business Systems Analyst MX 52 1.00
GIS Analyst MX 49 1.00
GIS Technician GU 46 1.00
Information Technology Manager MX 67 0.00
Information Technology Network Engineer MX 64 1.00
Information Technology Analyst MX 48 1.00
Network Administrator MX 54 3.00
Information Technology Technician G 46 5.00
Information Technology Technician (Funded in Aviation) G 46 4.00 LIBRARY 15.25
Library Section Total 15.25
Director of Library Services EX3 76 1.00
Library & Public Services Manager MX 49 1.00
Library Operations & Collections Manager MX 49 1.00
Librarian MX 45 5.50
Library Assistant, Senior G 29 1.00
Library Assistant G 25 5.50
Library Page G 16 0.25
MAINTENANCE & FACILITIES 62.00
Downtown/Uptown Maintenance Section Total 13.00
Maintenance Supervisor I MX 48 1.00
Maintenance Worker, Lead G 38 2.00
Maintenance Worker I G 28 10.00
Facilities Maintenance Section Total 19.00
Director of Public Works EX3 79 1.00
Assistant Director of Maintenance & Facilities EX2 63 1.00Revised September 14, 2023 Effective October 1, 2023
Item 1R - Page 15
CITY OF PALM SPRINGS 2023 - 2024 Allocated Positions & Compensation Plan Dept./Section/Classification Unit Range Allocated
Positions
Deputy Director of Maintenance & Facilities MX 60 1.00
Maintenance Supervisor II MX 51 1.00
Administrative Assistant G 33 1.00
Account Specialist II G 39 1.00
Administrative Specialist MX 41 2.00
Cogeneration Technician, Senior G 51 1.00
Cogeneration Technician G 41 0.00
Maintenance Technician HVAC G 45 2.00
Maintenance Electrician G 45 2.00
Maintenance Manager MX 54 1.00
Maintenance Mechanic, Senior G 45 1.00
Maintenance Mechanic I - Building G 35 3.00
Project Manager MX 58 1.00
Fleet Operations Section Total 8.00
Fleet Maintenance Manager MX 58 1.00
Fleet Maintenance Technician, Lead G 45 1.00
Fleet Maintenance Technician III G 42 2.00
Fleet Maintenance Technician II G 39 2.00
Adminstrative Assistant G 33 1.00
Parts Specialist G 30 1.00
Parks Maintenance Section Total 12.00
Maintenance Supervisor MX 51 1.00
Maintenance Mechanic I - Parks G 35 3.00
Maintenance Mechanic, Lead G 38 1.00
Maintenance Worker, Lead G 38 1.00
Maintenance Worker I G 28 6.00
Street Cleaning Section Total 0.25
Street Maintenance Manager MX 55 0.25
Street Maintenance Section Total 9.75
Street Maintenance Manager MX 55 0.75
Street/Traffic Maint Worker/Senior Heavy Equip Operator G 44 1.00 Street/Traffic Maintenance Worker, Lead G 38 2.00
Street/Traffic Maintenance Worker G 31 6.00
PLANNING SERVICES 11.00
Planning Services Section Total 11.00
Director of Development Services EX3 81 0.00
Director of Planning Services EX3 79 1.00
Assistant Director of Planning EX3 70 1.00
Principal Planner MX 66 2.00Revised September 14, 2023 Effective October 1, 2023
Item 1R - Page 16
CITY OF PALM SPRINGS 2023 - 2024 Allocated Positions & Compensation Plan Dept./Section/Classification Unit Range Allocated
Positions
Associate Planner MX 52 3.00
Assistant Planner MX 47 1.00
Administrative Assistant G 33 1.00
Administrative Specialist MX 41 1.00
Planning Technician G 41 1.00
POLICE 162.00
Airport Security Section Total 10.00
Police Officer (Aviation - TSA) (includes Senior & Master Officer classifications) P 45 - 47 2.00 Police Officer (Aviation) (includes Senior & Master Officer classifications) P 46 - 47 7.00 Police Sergeant (Aviation) (includes Sergeant II & III classifications) P 55 - 57 1.00 Animal Services Section Total 3.00
Animal Services Officer G 36 3.00
CFD Public Safety Police Section Total 2.00
Police Officer (includes Senior & Master Officer classifications) P 45 - 47 2.00 Dispatch Center Section Total 18.00
Dispatcher Supervisor MX 46 2.00
Dispatcher G 40 16.00
Police Administration & Enforcement Section Total 127.00 Police Chief EX4 89 1.00
Executive Program Administrator EX2 52 1.00
Police Captain PMX 73 2.00
Police Lieutenant PMX 66 5.00
Police Sergeant (includes Sergeant II & III classifications) P 55 - 57 15.00 Police Officer (includes Senior & Master Officer classifications) P 45 - 47 70.00 Police Officer (Overhire) (includes Senior & Master Officer classifications) P 45 - 47 2.00 Crime Scene Technician G 44 2.00
Police Services Manager MX 61 1.00
Police Services Supervisor MX 44 1.00
Community Outreach & Media Specialist G 41 1.00
Crime Analyst G 41 1.00
Rangemaster G 41 1.00
Professional Standards Coordinator G 38 1.00
Property Technician G 37 2.00
Community Service Officer G 36 10.00
Police Records Technician G 36 1.00
Administrative Specialist MX 41 1.00
Administrative Assistant G 33 1.00
Police Trainee G 40 0.00
Police Services Officer G 30 8.00Revised September 14, 2023 Effective October 1, 2023
Item 1R - Page 17
CITY OF PALM SPRINGS 2023 - 2024 Allocated Positions & Compensation Plan Dept./Section/Classification Unit Range Allocated
Positions
Safety Augmentation - Police Section Total 2.00
Police Officer (includes Senior & Master Officer classifications) P 45 - 47 2.00 PROCUREMENT & CONTRACTING 4.00
Procurement & Contracting Section Total 4.00
Director of Procurement & Contracting EX2 65 1.00
Procurement Specialist II MX 48 2.00
Procurement Specialist I G MX* 43 1.00
PARKS AND RECREATION 40.25
Parks and Recreation Section Total 30.25
Director of Parks & Recreation EX3 76 1.00
Assistant Director of Parks & Recreation EX2 63 1.00
Parks and Recreation Manager MX 54 1.00
Community Center Manager MX 54 1.00
Project Manager MX 58 1.00
Recreation Program Assistant G 21 13.25
Program Coordinator2 G 35 4.00
Special Events Manager2 MX 54 1.00
Recreation Supervisor MX 41 1.00
Park Ranger G 24 3.00
Administrative Assistant G 33 1.00
Administrative Specialist MX 41 1.00
Maintenance Worker I G 28 1.00
Swim Center Section Total 10.00
Aquatics Manager MX 38 1.00
Aquatics Supervisor MX 28 1.00
Lifeguard, Lead G 23 1.00
Lifeguard G 20 7.00
Lifeguard Trainee G 19 0.00
SPECIAL PROGRAM COMPLIANCE 21.00
Special Program Compliance Section Total 6.00
Director of Special Program Compliance EX3 70 1.00
Administrative Assistant G 33 2.00
Account Technician, Senior MX 45 1.00
Administrative Specialist MX 41 1.00
Assistant Director of Special Program Compliance EX2 58 1.00 Revised September 14, 2023
Effective October 1, 2023
Item 1R - Page 18
CITY OF PALM SPRINGS 2023 - 2024 Allocated Positions & Compensation Plan Dept./Section/Classification Unit Range Allocated
Positions
Code Compliance Section Total 15.00
Code Compliance Officer G 41 12.00
Code Compliance Supervisor MX 53 2.00
Administrative Assistant G 33 1.00
SUSTAINABILITY 4.00
Office of Sustainability Section Total 2.50
Office of Sustainability Director EX2 64 0.25
Program Coordinator G 35 0.25
Climate Action and Sustainability Specialist MX 48 2.00 Recycling Section Total 1.50
Office of Sustainability Director EX2 64 0.75
Program Coordinator G 35 0.75
FY 2023-24 Amendment 1 Total Positions 619.00
FY 2023-24 Total Positions 620.00
FY2022-23 Amendment 4 Total Positions 584.50
FY2022-23 Amendment 3 Total Positions 579.50
FY2022-23 Amendment 2 Total Positions 577.50
FY2022-23 Amendment 1 Total Positions 576.50
FY 2022- 23 Total Positions 575.50
CM Denotes City Manager position

EX Denotes exempt positions
F
FMX
G Denotes general unit positions represented by the Public Employees Association of Palm Springs MX Denotes management, professional and confidential positions represented by the Management Association of Palm Springs P
PMX
1 2 Denotes positions funded through Village Fest and Special Events Denotes fire management positions represented by the Palm Springs Fire Management Association Denotes police safety positions represented by the Palm Springs Police Officers' Association Denotes police management positions represented by the Palm Springs Police Management Association Denotes positions partially funded through the Waste Water Treatment Plant Denotes firefighter positions represented by the Palm Springs Firefighters Association Revised September 14, 2023
Effective October 1, 2023
Item 1R - Page 19

ATTACHMENT C

Item 1R - Page 20

SALARY AND CLASSIFICATION

SCHEDULE

POLICE MANAGEMENT
FY 2023-24
Item 1R - Page 21

POLICE MANAGEMENT
Classifications
FY 2023-24
Position Title Table Range
Police Lieutenant PMX 66
Police Captain PMX 73
Effective July 1, 2023
Item 1R - Page 22

POLICE MANAGEMENT
Certification Key
FY 2023-24
Tier I Tier II
Bilingual Pay 5% $250
Bachelor's Degree
Master's Degree
POST Management Certification
Both Post Management Certification & Master's Degree
Longevity Pay: 10-11 years and 364 days
Longevity Pay: 12-13 years and 364 days
Longevity Pay: 14-15 years and 364 days
Longevity Pay: 16-17 years and 364 days
Longevity Pay: 18-19 years and 364 days
Longevity Pay: 20 years or more
The premium pays above of additional compensation are pays which are reportable as special compensation to the extent allowed by Title 2, Section 571 of the California Code of Regulations. 9%
Premium
3%
5%
Type
5%

2.5%

3.5%

4.5%

6.0%

7.5%

10.0%
Effective July 1, 2023
Item 1R - Page 23
Scale Code Step
Code
Hourly
Rate Monthly Rate Annual Rate
PMX066 1 $ 67.88 $ 11,766 141,192$
PMX066 2 $ 71.34 $ 12,365 148,380$
PMX066 3 $ 74.95 $ 12,992 155,904$
PMX066 4 $ 78.75 $ 13,650 163,800$
PMX066 5 $ 82.73 $ 14,340 172,080$
PMX066 6 $ 86.86 $ 15,056 180,672$
PMX073 1 $ 80.29 $ 13,917 167,004$
PMX073 2 $ 84.35 $ 14,621 175,452$
PMX073 3 $ 88.62 $ 15,360 184,320$
PMX073 4 $ 93.09 $ 16,136 193,632$
PMX073 5 $ 97.81 $ 16,954 203,448$
PMX073 6 $ 102.70 $ 17,802 213,624$
Effective June 25, 2023
Item 1R - Page 24

ATTACHMENT D

Item 1R - Page 25

SALARY AND CLASSIFICATION
FY 2023-24

MANAGEMENT

SCHEDULE
Item 1R - Page 26

MANAGEMENT UNIT
Classifications
FY 2023-24
Table Range
MX 51
Accounting Manager MX 59
MX 45
MX 39
Administrative Specialist MX 41
MX 61
MX 56
MX 52
MX 56
Airport Security Supervisor MX 52
Aquatics Supervisor MX 28
MX 47
MX 52
MX 58
Auditor MX 54
Aviation Planner MX 52
Aviation Security Supervisor MX 52
MX 54
Budget Manager MX 59
MX 51
Business Intelligence Developer MX 55
Business Systems Analyst MX 52
MX 59
MX 54
MX 59
MX 64
Climate Action and Sustainability Specialist MX 48
Code Compliance Supervisor MX 53
Community Center Manager MX 54
MX 53
MX 40
MX 62
Deputy Director of Maintenance and Facilities MX 60
Dispatch Supervisor MX 46
MX 53
Emergency Medical Services Coordinator MX 53
MX 51
MX 53
MX 59
Fire Marshal MX 64
MX 58Fleet Maintenance Manager
Emergency Management Coordinator
Engineering Assistant, Senior
Engineering Assistant
Engineering Associate
Building Inspector Supervisor
Chief Deputy City Clerk
Community Development Administrator
Deputy Director of Aviation - Marketing
Deputy City Clerk
Civil Engineer, Associate
Civil Engineer, Senior
Audit & Revenue Supervisor
Airport Operations Manager
Airport Operations Supervisor
Airport Security Manager
Central Business District Administrator
Budget Analyst
Position Title
Accountant
Airport Administration Manager
Assistant Planner
Associate Planner
Administrative Secretary
Account Technician, Senior
Revised September 14, 2023
Effective October 1, 2023
Item 1R - Page 27

MANAGEMENT UNIT
Classifications
FY 2023-24
Table RangePosition Title
GIS Analyst MX 49
Homeless Outreach Coordinator MX 53
MX 57
MX 43
MX 50
MX 48
MX 67
MX 64
Innovation & Strategic Implementation Manager MX 54
MX 45
MX 49
MX 49
Maintenance Manager MX 54
Maintenance Superintendent MX 54
MX 51
MX 48
MX 51
Manager, Airport Safety Management Systems MX 54
Marketing and Communications Specialist MX 51
MX 54
Parks & Recreation Manager MX 54
MX 46
Plans Examiner Supervisor MX 55
Police Services Manager MX 61
Police Services Supervisor MX 44
MX 66
MX 66
MX 43
MX 48
Project Manager MX 58
MX 52
Recreation Supervisor MX 41
MX 51
Special Events Manager MX 54
MX 55
76 Information Technology Analyst
Information Technology Manager
Information Technology Network Engineer
Librarian
Library & Public Services Manager
Library Operations & Collections Manager
Maintenance Supervisor
Procurement Specialist I
Network Administrator
Principal Planner
Payroll Coordinator
Principal Engineer
Maintenance Supervisor I
Maintenance Supervisor II
Street Maintenance Manager

TOTAL CLASSIFICATIONS FOR MAPS
Procurement Specialist II
Redevelopment Coordinator
Public Works Inspector, Senior
Human Resources Specialist, Senior
Human Resources Specialist
Housing Services Administrator
Revised September 14, 2023
Effective October 1, 2023
Item 1R - Page 28

MANAGEMENT UNIT
Certification Key
FY 2024-25
Tier I Tier II
Master's Degree
Bilingual (Speaking and Listening) 2.5% $125
Bilingual (Writing) 2.5% $125
Notary 5% $100
Professional License/Certification
Premium
5%
5%
The premium pays above of additional compensation are pays which are reportable as special compensation to the extent allowed by Title 2, Section 571 of the California Code of Regulations.

Education or certifications required to meet job requirements are not applicable to receive additional premium pay, unless otherwise specified by MOU.

Wages on the following tables are paid on a bi-weekly basis; other amounts, such as hourly and annual, are provided for comparison. Values are calculated and converted from monthly rate.

Type
Effective: July 1, 2023
Item 1R - Page 29
Scale Code Step
Code
Hourly
Rate
Monthly
Rate Annual Rate Scale Code Step
Code
Hourly
Rate
Monthly
Rate Annual Rate
MX028 1 $ 21.87 $ 3,791 45,492$ MX031 1 $ 24.31 $ 4,214 50,568$ MX028 2 $ 22.96 $ 3,980 47,760$ MX031 2 $ 25.53 $ 4,425 53,100$ MX028 3 $ 24.11 $ 4,179 50,148$ MX031 3 $ 26.81 $ 4,647 55,764$ MX028 4 $ 25.32 $ 4,389 52,668$ MX031 4 $ 28.15 $ 4,880 58,560$ MX028 5 $ 26.58 $ 4,607 55,284$ MX031 5 $ 29.58 $ 5,128 61,536$ MX028 6 $ 27.91 $ 4,838 58,056$ MX031 6 $ 31.11 $ 5,392 64,704$ MX028 7 $ 29.31 $ 5,080 60,960$ MX031 7 $ 32.66 $ 5,661 67,932$ MX032 1 $ 24.93 $ 4,322 51,864$ MX033 1 $ 25.53 $ 4,425 53,100$ MX032 2 $ 26.18 $ 4,537 54,444$ MX033 2 $ 26.81 $ 4,647 55,764$ MX032 3 $ 27.48 $ 4,764 57,168$ MX033 3 $ 28.15 $ 4,880 58,560$ MX032 4 $ 28.86 $ 5,002 60,024$ MX033 4 $ 29.58 $ 5,128 61,536$ MX032 5 $ 30.31 $ 5,253 63,036$ MX033 5 $ 31.11 $ 5,392 64,704$ MX032 6 $ 31.85 $ 5,520 66,240$ MX033 6 $ 32.66 $ 5,661 67,932$ MX032 7 $ 33.47 $ 5,802 69,624$ MX033 7 $ 34.34 $ 5,952 71,424$ MX034 1 $ 26.18 $ 4,537 54,444$ MX035 1 $ 26.81 $ 4,647 55,764$ MX034 2 $ 27.48 $ 4,764 57,168$ MX035 2 $ 28.15 $ 4,880 58,560$ MX034 3 $ 28.86 $ 5,002 60,024$ MX035 3 $ 29.58 $ 5,128 61,536$ MX034 4 $ 30.31 $ 5,253 63,036$ MX035 4 $ 31.11 $ 5,392 64,704$ MX034 5 $ 31.85 $ 5,520 66,240$ MX035 5 $ 32.66 $ 5,661 67,932$ MX034 6 $ 33.47 $ 5,802 69,624$ MX035 6 $ 34.34 $ 5,952 71,424$ MX034 7 $ 35.18 $ 6,098 73,176$ MX035 7 $ 36.06 $ 6,250 75,000$ MX036 1 $ 27.48 $ 4,764 57,168$ MX037 1 $ 28.15 $ 4,880 58,560$ MX036 2 $ 28.86 $ 5,002 60,024$ MX037 2 $ 29.58 $ 5,128 61,536$ MX036 3 $ 30.31 $ 5,253 63,036$ MX037 3 $ 31.11 $ 5,392 64,704$ MX036 4 $ 31.85 $ 5,520 66,240$ MX037 4 $ 32.66 $ 5,661 67,932$ MX036 5 $ 33.47 $ 5,802 69,624$ MX037 5 $ 34.34 $ 5,952 71,424$ MX036 6 $ 35.18 $ 6,098 73,176$ MX037 6 $ 36.06 $ 6,250 75,000$ MX036 7 $ 36.96 $ 6,406 76,872$ MX037 7 $ 37.89 $ 6,568 78,816$ MX038 1 $ 28.86 $ 5,002 60,024$ MX039 1 $ 29.58 $ 5,128 61,536$ MX038 2 $ 30.31 $ 5,253 63,036$ MX039 2 $ 31.11 $ 5,392 64,704$ MX038 3 $ 31.85 $ 5,520 66,240$ MX039 3 $ 32.66 $ 5,661 67,932$ MX038 4 $ 33.47 $ 5,802 69,624$ MX039 4 $ 34.34 $ 5,952 71,424$ MX038 5 $ 35.18 $ 6,098 73,176$ MX039 5 $ 36.06 $ 6,250 75,000$ MX038 6 $ 36.96 $ 6,406 76,872$ MX039 6 $ 37.89 $ 6,568 78,816$ MX038 7 $ 38.82 $ 6,728 80,736$ MX039 7 $ 39.81 $ 6,900 82,800$ MX040 1 $ 30.31 $ 5,253 63,036$ MX041 1 $ 31.11 $ 5,392 64,704$ MX040 2 $ 31.85 $ 5,520 66,240$ MX041 2 $ 32.66 $ 5,661 67,932$ MX040 3 $ 33.47 $ 5,802 69,624$ MX041 3 $ 34.34 $ 5,952 71,424$ MX040 4 $ 35.18 $ 6,098 73,176$ MX041 4 $ 36.06 $ 6,250 75,000$ MX040 5 $ 36.96 $ 6,406 76,872$ MX041 5 $ 37.89 $ 6,568 78,816$ MX040 6 $ 38.82 $ 6,728 80,736$ MX041 6 $ 39.81 $ 6,900 82,800$ MX040 7 $ 40.78 $ 7,069 84,828$ MX041 7 $ 41.81 $ 7,247 86,964$ MX042 1 $ 31.85 $ 5,520 66,240$ MX043 1 $ 32.66 $ 5,661 67,932$ MX042 2 $ 33.47 $ 5,802 69,624$ MX043 2 $ 34.34 $ 5,952 71,424$ MX042 3 $ 35.18 $ 6,098 73,176$ MX043 3 $ 36.06 $ 6,250 75,000$ MX042 4 $ 36.96 $ 6,406 76,872$ MX043 4 $ 37.89 $ 6,568 78,816$ MX042 5 $ 38.82 $ 6,728 80,736$ MX043 5 $ 39.81 $ 6,900 82,800$ MX042 6 $ 40.78 $ 7,069 84,828$ MX043 6 $ 41.81 $ 7,247 86,964$ MX042 7 $ 42.88 $ 7,432 89,184$ MX043 7 $ 43.95 $ 7,618 91,416$ MX044 1 $ 33.47 $ 5,802 69,624$ MX045 1 $ 34.34 $ 5,952 71,424$ MX044 2 $ 35.18 $ 6,098 73,176$ MX045 2 $ 36.06 $ 6,250 75,000$ MX044 3 $ 36.96 $ 6,406 76,872$ MX045 3 $ 37.89 $ 6,568 78,816$ MX044 4 $ 38.82 $ 6,728 80,736$ MX045 4 $ 39.81 $ 6,900 82,800$ MX044 5 $ 40.78 $ 7,069 84,828$ MX045 5 $ 41.81 $ 7,247 86,964$ MX044 6 $ 42.88 $ 7,432 89,184$ MX045 6 $ 43.95 $ 7,618 91,416$ MX044 7 $ 45.03 $ 7,806 93,672$ MX045 7 $ 46.14 $ 7,998 95,976$ Effective June 25, 2023
Item 1R - Page 30
Scale Code Step
Code
Hourly
Rate
Monthly
Rate Annual Rate Scale Code Step
Code
Hourly
Rate
Monthly
Rate Annual Rate
MX046 1 $ 35.18 $ 6,098 73,176$ MX047 1 $ 36.06 $ 6,250 75,000$ MX046 2 $ 36.96 $ 6,406 76,872$ MX047 2 $ 37.89 $ 6,568 78,816$ MX046 3 $ 38.82 $ 6,728 80,736$ MX047 3 $ 39.81 $ 6,900 82,800$ MX046 4 $ 40.78 $ 7,069 84,828$ MX047 4 $ 41.81 $ 7,247 86,964$ MX046 5 $ 42.88 $ 7,432 89,184$ MX047 5 $ 43.95 $ 7,618 91,416$ MX046 6 $ 45.03 $ 7,806 93,672$ MX047 6 $ 46.14 $ 7,998 95,976$ MX046 7 $ 47.30 $ 8,199 98,388$ MX047 7 $ 48.49 $ 8,405 100,860$ MX048 1 $ 36.96 $ 6,406 76,872$ MX049 1 $ 37.89 $ 6,568 78,816$ MX048 2 $ 38.82 $ 6,728 80,736$ MX049 2 $ 39.81 $ 6,900 82,800$ MX048 3 $ 40.78 $ 7,069 84,828$ MX049 3 $ 41.81 $ 7,247 86,964$ MX048 4 $ 42.88 $ 7,432 89,184$ MX049 4 $ 43.95 $ 7,618 91,416$ MX048 5 $ 45.03 $ 7,806 93,672$ MX049 5 $ 46.14 $ 7,998 95,976$ MX048 6 $ 47.30 $ 8,199 98,388$ MX049 6 $ 48.49 $ 8,405 100,860$ MX048 7 $ 49.70 $ 8,615 103,380$ MX049 7 $ 50.94 $ 8,829 105,948$ MX050 1 $ 38.82 $ 6,728 80,736$ MX051 1 $ 39.81 $ 6,900 82,800$ MX050 2 $ 40.78 $ 7,069 84,828$ MX051 2 $ 41.81 $ 7,247 86,964$ MX050 3 $ 42.88 $ 7,432 89,184$ MX051 3 $ 43.95 $ 7,618 91,416$ MX050 4 $ 45.03 $ 7,806 93,672$ MX051 4 $ 46.14 $ 7,998 95,976$ MX050 5 $ 47.30 $ 8,199 98,388$ MX051 5 $ 48.49 $ 8,405 100,860$ MX050 6 $ 49.70 $ 8,615 103,380$ MX051 6 $ 50.94 $ 8,829 105,948$ MX050 7 $ 52.22 $ 9,052 108,624$ MX051 7 $ 53.51 $ 9,275 111,300$ MX052 1 $ 40.78 $ 7,069 84,828$ MX053 1 $ 41.81 $ 7,247 86,964$ MX052 2 $ 42.88 $ 7,432 89,184$ MX053 2 $ 43.95 $ 7,618 91,416$ MX052 3 $ 45.03 $ 7,806 93,672$ MX053 3 $ 46.14 $ 7,998 95,976$ MX052 4 $ 47.30 $ 8,199 98,388$ MX053 4 $ 48.49 $ 8,405 100,860$ MX052 5 $ 49.70 $ 8,615 103,380$ MX053 5 $ 50.94 $ 8,829 105,948$ MX052 6 $ 52.22 $ 9,052 108,624$ MX053 6 $ 53.51 $ 9,275 111,300$ MX052 7 $ 54.88 $ 9,512 114,144$ MX053 7 $ 56.24 $ 9,748 116,976$ MX054 1 $ 42.88 $ 7,432 89,184$ MX055 1 $ 43.95 $ 7,618 91,416$ MX054 2 $ 45.03 $ 7,806 93,672$ MX055 2 $ 46.14 $ 7,998 95,976$ MX054 3 $ 47.30 $ 8,199 98,388$ MX055 3 $ 48.49 $ 8,405 100,860$ MX054 4 $ 49.70 $ 8,615 103,380$ MX055 4 $ 50.94 $ 8,829 105,948$ MX054 5 $ 52.22 $ 9,052 108,624$ MX055 5 $ 53.51 $ 9,275 111,300$ MX054 6 $ 54.88 $ 9,512 114,144$ MX055 6 $ 56.24 $ 9,748 116,976$ MX054 7 $ 57.68 $ 9,997 119,964$ MX055 7 $ 59.10 $ 10,244 122,928$ MX056 1 $ 45.03 $ 7,806 93,672$ MX057 1 $ 46.14 $ 7,998 95,976$ MX056 2 $ 47.30 $ 8,199 98,388$ MX057 2 $ 48.49 $ 8,405 100,860$ MX056 3 $ 49.70 $ 8,615 103,380$ MX057 3 $ 50.94 $ 8,829 105,948$ MX056 4 $ 52.22 $ 9,052 108,624$ MX057 4 $ 53.51 $ 9,275 111,300$ MX056 5 $ 54.88 $ 9,512 114,144$ MX057 5 $ 56.24 $ 9,748 116,976$ MX056 6 $ 57.68 $ 9,997 119,964$ MX057 6 $ 59.10 $ 10,244 122,928$ MX056 7 $ 60.57 $ 10,499 125,988$ MX057 7 $ 62.06 $ 10,757 129,084$ MX058 1 $ 47.30 $ 8,199 98,388$ MX059 1 $ 48.49 $ 8,405 100,860$ MX058 2 $ 49.70 $ 8,615 103,380$ MX059 2 $ 50.94 $ 8,829 105,948$ MX058 3 $ 52.22 $ 9,052 108,624$ MX059 3 $ 53.51 $ 9,275 111,300$ MX058 4 $ 54.88 $ 9,512 114,144$ MX059 4 $ 56.24 $ 9,748 116,976$ MX058 5 $ 57.68 $ 9,997 119,964$ MX059 5 $ 59.10 $ 10,244 122,928$ MX058 6 $ 60.57 $ 10,499 125,988$ MX059 6 $ 62.06 $ 10,757 129,084$ MX058 7 $ 63.61 $ 11,026 132,312$ MX059 7 $ 65.20 $ 11,302 135,624$ MX060 1 $ 49.70 $ 8,615 103,380$ MX061 1 $ 50.94 $ 8,829 105,948$ MX060 2 $ 52.22 $ 9,052 108,624$ MX061 2 $ 53.51 $ 9,275 111,300$ MX060 3 $ 54.88 $ 9,512 114,144$ MX061 3 $ 56.24 $ 9,748 116,976$ MX060 4 $ 57.68 $ 9,997 119,964$ MX061 4 $ 59.10 $ 10,244 122,928$ MX060 5 $ 60.57 $ 10,499 125,988$ MX061 5 $ 62.06 $ 10,757 129,084$ MX060 6 $ 63.61 $ 11,026 132,312$ MX061 6 $ 65.20 $ 11,302 135,624$ MX060 7 $ 66.84 $ 11,585 139,020$ MX061 7 $ 68.52 $ 11,877 142,524$ Effective June 25, 2023
Item 1R - Page 31
Scale Code Step
Code
Hourly
Rate
Monthly
Rate Annual Rate Scale Code Step
Code
Hourly
Rate
Monthly
Rate Annual Rate
MX062 1 $ 52.22 $ 9,052 108,624$ MX063 1 $ 53.51 $ 9,275 111,300$ MX062 2 $ 54.88 $ 9,512 114,144$ MX063 2 $ 56.24 $ 9,748 116,976$ MX062 3 $ 57.68 $ 9,997 119,964$ MX063 3 $ 59.10 $ 10,244 122,928$ MX062 4 $ 60.57 $ 10,499 125,988$ MX063 4 $ 62.06 $ 10,757 129,084$ MX062 5 $ 63.61 $ 11,026 132,312$ MX063 5 $ 65.20 $ 11,302 135,624$ MX062 6 $ 66.84 $ 11,585 139,020$ MX063 6 $ 68.52 $ 11,877 142,524$ MX062 7 $ 70.23 $ 12,173 146,076$ MX063 7 $ 71.98 $ 12,476 149,712$ MX064 1 $ 54.88 $ 9,512 114,144$ MX065 1 $ 56.24 $ 9,748 116,976$ MX064 2 $ 57.68 $ 9,997 119,964$ MX065 2 $ 59.10 $ 10,244 122,928$ MX064 3 $ 60.57 $ 10,499 125,988$ MX065 3 $ 62.06 $ 10,757 129,084$ MX064 4 $ 63.61 $ 11,026 132,312$ MX065 4 $ 65.20 $ 11,302 135,624$ MX064 5 $ 66.84 $ 11,585 139,020$ MX065 5 $ 68.52 $ 11,877 142,524$ MX064 6 $ 70.23 $ 12,173 146,076$ MX065 6 $ 71.98 $ 12,476 149,712$ MX064 7 $ 73.81 $ 12,793 153,516$ MX065 7 $ 75.63 $ 13,110 157,320$ MX066 1 $ 57.68 $ 9,997 119,964$ MX067 1 $ 59.10 $ 10,244 122,928$ MX066 2 $ 60.57 $ 10,499 125,988$ MX067 2 $ 62.06 $ 10,757 129,084$ MX066 3 $ 63.61 $ 11,026 132,312$ MX067 3 $ 65.20 $ 11,302 135,624$ MX066 4 $ 66.84 $ 11,585 139,020$ MX067 4 $ 68.52 $ 11,877 142,524$ MX066 5 $ 70.23 $ 12,173 146,076$ MX067 5 $ 71.98 $ 12,476 149,712$ MX066 6 $ 73.81 $ 12,793 153,516$ MX067 6 $ 75.63 $ 13,110 157,320$ MX066 7 $ 77.51 $ 13,435 161,220$ MX067 7 $ 79.42 $ 13,766 165,192$ MX068 1 $ 60.57 $ 10,499 125,988$ MX069 1 $ 62.06 $ 10,757 129,084$ MX068 2 $ 63.61 $ 11,026 132,312$ MX069 2 $ 65.20 $ 11,302 135,624$ MX068 3 $ 66.84 $ 11,585 139,020$ MX069 3 $ 68.52 $ 11,877 142,524$ MX068 4 $ 70.23 $ 12,173 146,076$ MX069 4 $ 71.98 $ 12,476 149,712$ MX068 5 $ 73.81 $ 12,793 153,516$ MX069 5 $ 75.63 $ 13,110 157,320$ MX068 6 $ 77.51 $ 13,435 161,220$ MX069 6 $ 79.42 $ 13,766 165,192$ MX068 7 $ 81.39 $ 14,107 169,284$ MX069 7 $ 83.36 $ 14,449 173,388$ MX070 1 $ 63.61 $ 11,026 132,312$ MX071 1 $ 65.20 $ 11,302 135,624$ MX070 2 $ 66.84 $ 11,585 139,020$ MX071 2 $ 68.52 $ 11,877 142,524$ MX070 3 $ 70.23 $ 12,173 146,076$ MX071 3 $ 71.98 $ 12,476 149,712$ MX070 4 $ 73.81 $ 12,793 153,516$ MX071 4 $ 75.58 $ 13,101 157,212$ MX070 5 $ 77.51 $ 13,435 161,220$ MX071 5 $ 79.42 $ 13,766 165,192$ MX070 6 $ 81.39 $ 14,107 169,284$ MX071 6 $ 83.36 $ 14,449 173,388$ MX070 7 $ 85.44 $ 14,810 177,720$ MX071 7 $ 87.54 $ 15,173 182,076$ Effective June 25, 2023
Item 1R - Page 32

ATTACHMENT E

Item 1R - Page 33

SALARY AND CLASSIFICATION
FY 2023-24

GENERAL UNIT

SCHEDULE
Item 1R - Page 34

GENERAL UNIT
Classifications
FY 2023-24
Position Title Table Range
Account Clerk I G 28
Account Clerk II G 31
Account Specialist I G 35
Account Specialist II G 39
Administrative Assistant G 33
Airport Operations Aide G 34
Airport Operations Specialist I G 44
Airport Operations Specialist II G 46
Animal Services Officer G 36
Building Inspector G 45
Code Compliance Officer G 41
Cogeneration Technician, Senior G 51
Community Outreach & Media Specialist G 41
Community Service Officer G 36
Crime Analyst G 41
Crime Scene Technician G 44
Custodian G 25
Dispatcher G 40
Executive Services Assistant G 28
Fire Prevention Specialist G 42
Fleet Maintenance Technician II G 39
Fleet Maintenance Technician III G 42
Fleet Maintenance Technician, Lead G 45
GIS Technician G 46
Housing Program Assistant G 39
Human Resources Technician G 37
Industrial Technician G 45
Industrial Technician, Lead G 48
Information Technology Technician G 46
Jail Transport Officer G 31
Library Assistant G 25
Library Assistant, Senior G 29
Library Page G 16
Lifeguard G 20
Lifeguard Trainee G 19
Lifeguard, Lead G 23
Revised Septemeber 14, 2023
Effective October 1, 2023
Item 1R - Page 35

GENERAL UNIT
Classifications
FY 2023-24
Position Title Table Range
Maintenance Electrician G 45
Maintenance Technician (HVAC) G 45
Maintenance Coordinator G 41
Maintenance Mechanic I G 35
Maintenance Mechanic, Lead G 38
Maintenance Mechanic, Senior G 45
Maintenance Technician I G 35
Maintenance Technician II G 39
Maintenance Technician, Senior G 45
Maintenance Worker I G 28
Maintenance Worker, Lead G 38
Park Ranger G 24
Parts Specialist G 30
Permit Center Technician G 43
Planning Technician G 41
Plans Examiner G 47
Plans Examiner II G 54
Police Records Technician G 36
Police Services Officer G 30
Police Trainee G 40
Procurement Specialist I G 43
Professional Standards Coordinator G 38
Program Coordinator G 35
Property Technician G 37
Public Works Inspector G 46
Rangemaster G 41
Recreation Program Assistant G 21
Street/Traffic Maintenance Worker G 31
Street/Traffic Maintenance Worker, Lead G 38
66TOTAL CLASSIFICATIONS FOR GENERAL UNIT
Revised Septemeber 14, 2023
Effective October 1, 2023
Item 1R - Page 36

GENERAL UNIT
Classifications
FY 2023-24
Tier I Tier 2
Bilingual 5% $250
Certification (per MOU)
Notary 5% $100
Master's Degree

2.5%
The premium pays above of additional compensation are pays which are reportable as special compensation to the extent allowed by Title 2, Section 571 of the California Code of Regulations.

Education or certifications required to meet job requirements are not applicable to receive additional premium pay, unless otherwise specified by MOU.

Wages on the following tables are paid on a bi-weekly basis; other amounts, such as hourly and annual, are provided for comparison. Values are calculated and converted from monthly rate.

All appointments will be made in compliance with California minimum wage laws. 5%
Type
Premium
Effective July 1, 2023
Item 1R - Page 37
Scale Code Step
Code
Hourly
Rate
Monthly
Rate Annual Rate Scale
Code
Step
Code
Hourly
Rate
Monthly
Rate
Annual
Rate
GU016 1 $ 16.60 $ 2,877 34,524$ GU017 1 $ 17.00 $ 2,947 35,364$ GU016 2 $ 17.41 $ 3,018 36,216$ GU017 2 $ 17.86 $ 3,096 37,152$ GU016 3 $ 18.30 $ 3,172 38,064$ GU017 3 $ 18.76 $ 3,251 39,012$ GU016 4 $ 19.24 $ 3,335 40,020$ GU017 4 $ 19.74 $ 3,421 41,052$ GU016 5 $ 20.20 $ 3,502 42,024$ GU017 5 $ 20.71 $ 3,590 43,080$ GU016 6 $ 21.23 $ 3,679 44,148$ GU017 6 $ 21.78 $ 3,776 45,312$ GU016 7 $ 22.31 $ 3,867 46,404$ GU017 7 $ 22.88 $ 3,966 47,592$ GU018 1 $ 17.41 $ 3,018 36,216$ GU019 1 $ 17.86 $ 3,096 37,152$ GU018 2 $ 18.30 $ 3,172 38,064$ GU019 2 $ 18.76 $ 3,251 39,012$ GU018 3 $ 19.24 $ 3,335 40,020$ GU019 3 $ 19.74 $ 3,421 41,052$ GU018 4 $ 20.20 $ 3,502 42,024$ GU019 4 $ 20.71 $ 3,590 43,080$ GU018 5 $ 21.23 $ 3,679 44,148$ GU019 5 $ 21.78 $ 3,776 45,312$ GU018 6 $ 22.31 $ 3,867 46,404$ GU019 6 $ 22.88 $ 3,966 47,592$ GU018 7 $ 23.46 $ 4,066 48,792$ GU019 7 $ 24.03 $ 4,166 49,992$ GU020 1 $ 18.30 $ 3,172 38,064$ GU021 1 $ 18.76 $ 3,251 39,012$ GU020 2 $ 19.24 $ 3,335 40,020$ GU021 2 $ 19.74 $ 3,421 41,052$ GU020 3 $ 20.20 $ 3,502 42,024$ GU021 3 $ 20.71 $ 3,590 43,080$ GU020 4 $ 21.23 $ 3,679 44,148$ GU021 4 $ 21.78 $ 3,776 45,312$ GU020 5 $ 22.31 $ 3,867 46,404$ GU021 5 $ 22.88 $ 3,966 47,592$ GU020 6 $ 23.46 $ 4,066 48,792$ GU021 6 $ 24.03 $ 4,166 49,992$ GU020 7 $ 24.64 $ 4,271 51,252$ GU021 7 $ 25.25 $ 4,377 52,524$ GU022 1 $ 19.24 $ 3,335 40,020$ GU023 1 $ 19.74 $ 3,421 41,052$ GU022 2 $ 20.20 $ 3,502 42,024$ GU023 2 $ 20.71 $ 3,590 43,080$ GU022 3 $ 21.23 $ 3,679 44,148$ GU023 3 $ 21.78 $ 3,776 45,312$ GU022 4 $ 22.31 $ 3,867 46,404$ GU023 4 $ 22.88 $ 3,966 47,592$ GU022 5 $ 23.46 $ 4,066 48,792$ GU023 5 $ 24.03 $ 4,166 49,992$ GU022 6 $ 24.64 $ 4,271 51,252$ GU023 6 $ 25.25 $ 4,377 52,524$ GU022 7 $ 25.87 $ 4,484 53,808$ GU023 7 $ 26.54 $ 4,600 55,200$ GU024 1 $ 20.20 $ 3,502 42,024$ GU025 1 $ 20.71 $ 3,590 43,080$ GU024 2 $ 21.23 $ 3,679 44,148$ GU025 2 $ 21.78 $ 3,776 45,312$ GU024 3 $ 22.31 $ 3,867 46,404$ GU025 3 $ 22.88 $ 3,966 47,592$ GU024 4 $ 23.46 $ 4,066 48,792$ GU025 4 $ 24.03 $ 4,166 49,992$ GU024 5 $ 24.64 $ 4,271 51,252$ GU025 5 $ 25.25 $ 4,377 52,524$ GU024 6 $ 25.87 $ 4,484 53,808$ GU025 6 $ 26.54 $ 4,600 55,200$ GU024 7 $ 27.21 $ 4,717 56,604$ GU025 7 $ 27.87 $ 4,831 57,972$ GU026 1 $ 21.23 $ 3,679 44,148$ GU027 1 $ 21.78 $ 3,776 45,312$ GU026 2 $ 22.31 $ 3,867 46,404$ GU027 2 $ 22.88 $ 3,966 47,592$ GU026 3 $ 23.46 $ 4,066 48,792$ GU027 3 $ 24.03 $ 4,166 49,992$ GU026 4 $ 24.64 $ 4,271 51,252$ GU027 4 $ 25.25 $ 4,377 52,524$ GU026 5 $ 25.87 $ 4,484 53,808$ GU027 5 $ 26.54 $ 4,600 55,200$ GU026 6 $ 27.21 $ 4,717 56,604$ GU027 6 $ 27.87 $ 4,831 57,972$ GU026 7 $ 28.59 $ 4,956 59,472$ GU027 7 $ 29.28 $ 5,075 60,900$ GU028 1 $ 22.31 $ 3,867 46,404$ GU029 1 $ 22.88 $ 3,966 47,592$ GU028 2 $ 23.46 $ 4,066 48,792$ GU029 2 $ 24.03 $ 4,166 49,992$ GU028 3 $ 24.64 $ 4,271 51,252$ GU029 3 $ 25.25 $ 4,377 52,524$ GU028 4 $ 25.87 $ 4,484 53,808$ GU029 4 $ 26.54 $ 4,600 55,200$ GU028 5 $ 27.21 $ 4,717 56,604$ GU029 5 $ 27.87 $ 4,831 57,972$ GU028 6 $ 28.59 $ 4,956 59,472$ GU029 6 $ 29.28 $ 5,075 60,900$ GU028 7 $ 30.02 $ 5,204 62,448$ GU029 7 $ 30.77 $ 5,334 64,008$ Effective June 25, 2023
Item 1R - Page 38
Scale Code Step
Code
Hourly
Rate
Monthly
Rate Annual Rate Scale
Code
Step
Code
Hourly
Rate
Monthly
Rate
Annual
Rate
GU030 1 $ 23.46 $ 4,066 48,792$ GU031 1 $ 24.03 $ 4,166 49,992$ GU030 2 $ 24.64 $ 4,271 51,252$ GU031 2 $ 25.25 $ 4,377 52,524$ GU030 3 $ 25.87 $ 4,484 53,808$ GU031 3 $ 26.54 $ 4,600 55,200$ GU030 4 $ 27.21 $ 4,717 56,604$ GU031 4 $ 27.87 $ 4,831 57,972$ GU030 5 $ 28.59 $ 4,956 59,472$ GU031 5 $ 29.28 $ 5,075 60,900$ GU030 6 $ 30.02 $ 5,204 62,448$ GU031 6 $ 30.77 $ 5,334 64,008$ GU030 7 $ 31.52 $ 5,464 65,568$ GU031 7 $ 32.35 $ 5,607 67,284$ GU032 1 $ 24.64 $ 4,271 51,252$ GU033 1 $ 25.25 $ 4,377 52,524$ GU032 2 $ 25.87 $ 4,484 53,808$ GU033 2 $ 26.54 $ 4,600 55,200$ GU032 3 $ 27.21 $ 4,717 56,604$ GU033 3 $ 27.87 $ 4,831 57,972$ GU032 4 $ 28.59 $ 4,956 59,472$ GU033 4 $ 29.28 $ 5,075 60,900$ GU032 5 $ 30.02 $ 5,204 62,448$ GU033 5 $ 30.77 $ 5,334 64,008$ GU032 6 $ 31.52 $ 5,464 65,568$ GU033 6 $ 32.35 $ 5,607 67,284$ GU032 7 $ 33.13 $ 5,742 68,904$ GU033 7 $ 33.98 $ 5,889 70,668$ GU034 1 $ 25.87 $ 4,484 53,808$ GU035 1 $ 26.54 $ 4,600 55,200$ GU034 2 $ 27.21 $ 4,717 56,604$ GU035 2 $ 27.87 $ 4,831 57,972$ GU034 3 $ 28.59 $ 4,956 59,472$ GU035 3 $ 29.28 $ 5,075 60,900$ GU034 4 $ 30.02 $ 5,204 62,448$ GU035 4 $ 30.77 $ 5,334 64,008$ GU034 5 $ 31.52 $ 5,464 65,568$ GU035 5 $ 32.35 $ 5,607 67,284$ GU034 6 $ 33.13 $ 5,742 68,904$ GU035 6 $ 33.98 $ 5,889 70,668$ GU034 7 $ 34.82 $ 6,035 72,420$ GU035 7 $ 35.71 $ 6,190 74,280$ GU036 1 $ 27.21 $ 4,717 56,604$ GU037 1 $ 27.87 $ 4,831 57,972$ GU036 2 $ 28.59 $ 4,956 59,472$ GU037 2 $ 29.28 $ 5,075 60,900$ GU036 3 $ 30.02 $ 5,204 62,448$ GU037 3 $ 30.77 $ 5,334 64,008$ GU036 4 $ 31.52 $ 5,464 65,568$ GU037 4 $ 32.35 $ 5,607 67,284$ GU036 5 $ 33.13 $ 5,742 68,904$ GU037 5 $ 33.98 $ 5,889 70,668$ GU036 6 $ 34.82 $ 6,035 72,420$ GU037 6 $ 35.71 $ 6,190 74,280$ GU036 7 $ 36.57 $ 6,339 76,068$ GU037 7 $ 37.50 $ 6,500 78,000$ GU038 1 $ 28.59 $ 4,956 59,472$ GU039 1 $ 29.28 $ 5,075 60,900$ GU038 2 $ 30.02 $ 5,204 62,448$ GU039 2 $ 30.77 $ 5,334 64,008$ GU038 3 $ 31.52 $ 5,464 65,568$ GU039 3 $ 32.35 $ 5,607 67,284$ GU038 4 $ 33.13 $ 5,742 68,904$ GU039 4 $ 33.98 $ 5,889 70,668$ GU038 5 $ 34.82 $ 6,035 72,420$ GU039 5 $ 35.71 $ 6,190 74,280$ GU038 6 $ 36.57 $ 6,339 76,068$ GU039 6 $ 37.50 $ 6,500 78,000$ GU038 7 $ 38.42 $ 6,660 79,920$ GU039 7 $ 39.40 $ 6,830 81,960$ GU040 1 $ 30.02 $ 5,204 62,448$ GU041 1 $ 30.77 $ 5,334 64,008$ GU040 2 $ 31.52 $ 5,464 65,568$ GU041 2 $ 32.35 $ 5,607 67,284$ GU040 3 $ 33.13 $ 5,742 68,904$ GU041 3 $ 33.98 $ 5,889 70,668$ GU040 4 $ 34.82 $ 6,035 72,420$ GU041 4 $ 35.71 $ 6,190 74,280$ GU040 5 $ 36.57 $ 6,339 76,068$ GU041 5 $ 37.50 $ 6,500 78,000$ GU040 6 $ 38.42 $ 6,660 79,920$ GU041 6 $ 39.40 $ 6,830 81,960$ GU040 7 $ 40.37 $ 6,997 83,964$ GU041 7 $ 41.38 $ 7,172 86,064$ GU042 1 $ 31.52 $ 5,464 65,568$ GU043 1 $ 32.35 $ 5,607 67,284$ GU042 2 $ 33.13 $ 5,742 68,904$ GU043 2 $ 33.98 $ 5,889 70,668$ GU042 3 $ 34.82 $ 6,035 72,420$ GU043 3 $ 35.71 $ 6,190 74,280$ GU042 4 $ 36.57 $ 6,339 76,068$ GU043 4 $ 37.51 $ 6,501 78,012$ GU042 5 $ 38.42 $ 6,660 79,920$ GU043 5 $ 39.40 $ 6,830 81,960$ GU042 6 $ 40.37 $ 6,997 83,964$ GU043 6 $ 41.39 $ 7,174 86,088$ GU042 7 $ 42.42 $ 7,352 88,224$ GU043 7 $ 43.49 $ 7,538 90,456$ Effective June 25, 2023
Item 1R - Page 39
Scale Code Step
Code
Hourly
Rate
Monthly
Rate Annual Rate Scale
Code
Step
Code
Hourly
Rate
Monthly
Rate
Annual
Rate
GU044 1 $ 33.13 $ 5,742 68,904$ GU045 1 $ 33.98 $ 5,889 70,668$ GU044 2 $ 34.82 $ 6,035 72,420$ GU045 2 $ 35.71 $ 6,190 74,280$ GU044 3 $ 36.57 $ 6,339 76,068$ GU045 3 $ 37.51 $ 6,501 78,012$ GU044 4 $ 38.42 $ 6,660 79,920$ GU045 4 $ 39.40 $ 6,830 81,960$ GU044 5 $ 40.38 $ 6,999 83,988$ GU045 5 $ 41.39 $ 7,174 86,088$ GU044 6 $ 42.42 $ 7,352 88,224$ GU045 6 $ 43.49 $ 7,538 90,456$ GU044 7 $ 44.56 $ 7,724 92,688$ GU045 7 $ 45.69 $ 7,920 95,040$ GU046 1 $ 34.82 $ 6,035 72,420$ GU047 1 $ 35.71 $ 6,190 74,280$ GU046 2 $ 36.57 $ 6,339 76,068$ GU047 2 $ 37.51 $ 6,501 78,012$ GU046 3 $ 38.42 $ 6,660 79,920$ GU047 3 $ 39.42 $ 6,832 81,984$ GU046 4 $ 40.38 $ 6,999 83,988$ GU047 4 $ 41.39 $ 7,174 86,088$ GU046 5 $ 42.43 $ 7,354 88,248$ GU047 5 $ 43.49 $ 7,539 90,468$ GU046 6 $ 44.56 $ 7,724 92,688$ GU047 6 $ 45.69 $ 7,920 95,040$ GU046 7 $ 46.83 $ 8,118 97,416$ GU047 7 $ 48.00 $ 8,320 99,840$ GU048 1 $ 36.57 $ 6,339 76,068$ GU049 1 $ 37.51 $ 6,501 78,012$ GU048 2 $ 38.42 $ 6,660 79,920$ GU049 2 $ 39.42 $ 6,832 81,984$ GU048 3 $ 40.38 $ 6,999 83,988$ GU049 3 $ 41.39 $ 7,174 86,088$ GU048 4 $ 42.43 $ 7,354 88,248$ GU049 4 $ 43.49 $ 7,539 90,468$ GU048 5 $ 44.56 $ 7,724 92,688$ GU049 5 $ 45.69 $ 7,920 95,040$ GU048 6 $ 46.83 $ 8,118 97,416$ GU049 6 $ 48.00 $ 8,320 99,840$ GU048 7 $ 49.21 $ 8,530 102,360$ GU049 7 $ 50.44 $ 8,743 104,916 $ GU050 1 $ 38.42 $ 6,660 79,920$ GU051 1 $ 39.42 $ 6,832 81,984$ GU050 2 $ 40.38 $ 6,999 83,988$ GU051 2 $ 41.39 $ 7,174 86,088$ GU050 3 $ 42.43 $ 7,354 88,248$ GU051 3 $ 43.49 $ 7,539 90,468$ GU050 4 $ 44.56 $ 7,724 92,688$ GU051 4 $ 45.69 $ 7,920 95,040$ GU050 5 $ 46.83 $ 8,118 97,416$ GU051 5 $ 48.00 $ 8,320 99,840$ GU050 6 $ 49.21 $ 8,530 102,360$ GU051 6 $ 50.44 $ 8,743 104,916 $ GU050 7 $ 51.70 $ 8,962 107,544$ GU051 7 $ 52.96 $ 9,179 110,148 $ GU052 1 $ 40.38 $ 6,999 83,988$ GU053 1 $ 41.39 $ 7,174 86,088$ GU052 2 $ 42.43 $ 7,354 88,248$ GU053 2 $ 43.49 $ 7,539 90,468$ GU052 3 $ 44.56 $ 7,724 92,688$ GU053 3 $ 45.69 $ 7,920 95,040$ GU052 4 $ 46.83 $ 8,118 97,416$ GU053 4 $ 48.00 $ 8,320 99,840$ GU052 5 $ 49.21 $ 8,530 102,360$ GU053 5 $ 50.44 $ 8,743 104,916 $ GU052 6 $ 51.70 $ 8,962 107,544$ GU053 6 $ 52.96 $ 9,179 110,148 $ GU052 7 $ 54.28 $ 9,409 112,908$ GU053 7 $ 55.60 $ 9,637 115,644 $ GU054 1 $ 42.43 $ 7,354 88,248$ GU055 1 $ 43.49 $ 7,539 90,468$ GU054 2 $ 44.56 $ 7,724 92,688$ GU055 2 $ 45.69 $ 7,920 95,040$ GU054 3 $ 46.83 $ 8,118 97,416$ GU055 3 $ 48.00 $ 8,320 99,840$ GU054 4 $ 49.21 $ 8,530 102,360$ GU055 4 $ 50.44 $ 8,743 104,916 $ GU054 5 $ 51.70 $ 8,962 107,544$ GU055 5 $ 52.96 $ 9,179 110,148 $ GU054 6 $ 54.28 $ 9,409 112,908$ GU055 6 $ 55.60 $ 9,637 115,644 $ GU054 7 $ 56.99 $ 9,878 118,536$ GU055 7 $ 58.37 $ 10,118 121,416 $ GU056 1 $ 44.56 $ 7,724 92,688$ GU057 1 $ 45.69 $ 7,920 95,040$ GU056 2 $ 46.83 $ 8,118 97,416$ GU057 2 $ 48.00 $ 8,320 99,840$ GU056 3 $ 49.21 $ 8,530 102,360$ GU057 3 $ 50.44 $ 8,743 104,916 $ GU056 4 $ 51.70 $ 8,962 107,544$ GU057 4 $ 52.96 $ 9,179 110,148 $ GU056 5 $ 54.28 $ 9,409 112,908$ GU057 5 $ 55.60 $ 9,637 115,644 $ GU056 6 $ 56.99 $ 9,878 118,536$ GU057 6 $ 58.37 $ 10,118 121,416 $ GU056 7 $ 59.85 $ 10,374 124,488$ GU057 7 $ 61.26 $ 10,619 127,428 $ Effective June 25, 2023
Item 1R - Page 40
Scale Code Step
Code
Hourly
Rate
Monthly
Rate Annual Rate Scale
Code
Step
Code
Hourly
Rate
Monthly
Rate
Annual
Rate
Effective June 25, 2023
Item 1R - Page 41
___________ I _I --------

ATTACHMENT F

Item 1R - Page 42

SALARY AND CLASSIFICATION

SCHEDULE

EXECUTIVE AND ELECTED
FY 2023-24
Item 1R - Page 43

EXECUTIVE AND ELECTED
Classifications
(EX2, EX3, EX4, CM/EO)
FY 2023-24
Position Title Table Range
Assistant Director of Maintenance & Facilities EX2 63
Assistant Director of Parks & Recreation EX2 63
Assistant Director of Special Program Compliance EX2 58 Building Official EX2 67
Chief Communications Officer EX2 64
Community Engagement & Legislative Affairs Specialist EX2 54 Director of Communications EX2 60
Director of Procurement & Contracting EX2 65
Director, Office of Sustainability EX2 64
Executive Administrative Assistant EX2 45
Executive Assistant Mayor/Council EX2 48
Executive Program Administrator EX2 52
Executive Services Administrator EX2 48
Human Resources Manager EX2 63
Occupational Health and Safety Manager EX2 63
Office of Neighborhoods, Manager EX2 60
Payroll and Accounting Manager EX2 63
Special Assistant to the City Manager EX2 66
Assistant Airport Director EX3 72
Assistant Director of Finance EX3 72
Assistant Director of Information Technology EX3 72
Assistant Director of Planning EX3 70
Chief Economic Development Officer EX3 70
City Engineer EX3 79
Deputy Director of Planning & Engineering EX3 70
Director of Community & Economic Development EX3 76
Director of Development Services EX3 81
Director of Finance & Treasurer EX3 82
Director of Information Technology EX3 78
Director of Library Services EX3 76
Director of Parks & Recreation EX3 76
Director of Planning Services EX3 79
Director of Public Works EX3 79
Director of Special Program Compliance EX3 70
Executive Director Palm Springs International Airport EX3 83 Assistant City Manager EX4 88
City Clerk EX4 73
Deputy City Manager EX4 84
Director of Human Resources EX4 76
Fire Chief EX4 89
Police Chief EX4 89
City Manager CM/EO See Table
Elected Official - Mayor CM/EO See Table
Revised June 29, 2023
Effective July 1, 2023
Item 1R - Page 44

EXECUTIVE AND ELECTED
Classifications
(EX2, EX3, EX4, CM/EO)
FY 2023-24
Position Title Table Range
Elected Official - City Councilmember CM/EO See Table
Revised June 29, 2023
Effective July 1, 2023
Item 1R - Page 45

EXECUTIVE
Certification Key
FY 2023-24
Type
Master's Degree
Bilingual (Speaking and Listening) 2.5% $125
Bilingual (Writing) 2.5% $125
Notary 5.0% $100
Professional License or Certification
Premium

5.0%
The premium pays above of additional compensation are pays which are reportable as special compensation to the extent allowed by Title 2, Section 571 of the California Code of Regulations.

Education, licenses, or certifications required to meet job requirements are not applicable to receive additional premium pay.

Wages on the following tables are paid on a bi-weekly basis; other amounts, such as hourly and annual, are provided for comparison. Values are calculated and converted from monthly rate.

5.0%
Effective July 1, 2023
Item 1R - Page 46
Scale Code Step
Code
Hourly
Rate
Monthly
Rate Annual Rate Scale Code Step
Code
Hourly
Rate
Monthly
Rate Annual Rate
EX2-045 1 $ 33.05 $ 5,729 $ 68,748 EX2-046 1 $ 33.85 $ 5,867 $ 70,404 EX2-045 2 $ 34.70 $ 6,015 $ 72,180 EX2-046 2 $ 35.54 $ 6,160 $ 73,920 EX2-045 3 $ 36.44 $ 6,317 $ 75,804 EX2-046 3 $ 37.33 $ 6,470 $ 77,640 EX2-045 4 $ 38.27 $ 6,634 $ 79,608 EX2-046 4 $ 39.18 $ 6,792 $ 81,504 EX2-045 5 $ 40.18 $ 6,965 $ 83,580 EX2-046 5 $ 41.21 $ 7,143 $ 85,716 EX2-045 6 $ 42.25 $ 7,323 $ 87,876 EX2-046 6 $ 43.27 $ 7,500 $ 90,000 EX2-045 7 $ 44.35 $ 7,687 $ 92,244 EX2-046 7 $ 45.46 $ 7,880 $ 94,560 EX2-047 1 $ 34.70 $ 6,015 $ 72,180 EX2-048 1 $ 35.54 $ 6,160 $ 73,920 EX2-047 2 $ 36.44 $ 6,317 $ 75,804 EX2-048 2 $ 37.33 $ 6,470 $ 77,640 EX2-047 3 $ 38.27 $ 6,634 $ 79,608 EX2-048 3 $ 39.18 $ 6,792 $ 81,504 EX2-047 4 $ 40.18 $ 6,965 $ 83,580 EX2-048 4 $ 41.21 $ 7,143 $ 85,716 EX2-047 5 $ 42.25 $ 7,323 $ 87,876 EX2-048 5 $ 43.27 $ 7,500 $ 90,000 EX2-047 6 $ 44.35 $ 7,687 $ 92,244 EX2-048 6 $ 45.46 $ 7,880 $ 94,560 EX2-047 7 $ 46.62 $ 8,081 $ 96,972 EX2-048 7 $ 47.76 $ 8,279 $ 99,348 EX2-049 1 $ 36.44 $ 6,317 $ 75,804 EX2-050 1 $ 37.33 $ 6,470 $ 77,640 EX2-049 2 $ 38.27 $ 6,634 $ 79,608 EX2-050 2 $ 39.18 $ 6,792 $ 81,504 EX2-049 3 $ 40.18 $ 6,965 $ 83,580 EX2-050 3 $ 41.20 $ 7,142 $ 85,704 EX2-049 4 $ 42.25 $ 7,323 $ 87,876 EX2-050 4 $ 43.27 $ 7,500 $ 90,000 EX2-049 5 $ 44.35 $ 7,687 $ 92,244 EX2-050 5 $ 45.46 $ 7,880 $ 94,560 EX2-049 6 $ 46.62 $ 8,081 $ 96,972 EX2-050 6 $ 47.76 $ 8,278 $ 99,336 EX2-049 7 $ 48.95 $ 8,485 $ 101,820 EX2-050 7 $ 50.21 $ 8,703 $ 104,436 EX2-051 1 $ 38.27 $ 6,634 $ 79,608 EX2-052 1 $ 39.18 $ 6,792 $ 81,504 EX2-051 2 $ 40.18 $ 6,965 $ 83,580 EX2-052 2 $ 41.20 $ 7,142 $ 85,704 EX2-051 3 $ 42.24 $ 7,321 $ 87,852 EX2-052 3 $ 43.27 $ 7,500 $ 90,000 EX2-051 4 $ 44.35 $ 7,687 $ 92,244 EX2-052 4 $ 45.46 $ 7,880 $ 94,560 EX2-051 5 $ 46.62 $ 8,080 $ 96,960 EX2-052 5 $ 47.76 $ 8,278 $ 99,336 EX2-051 6 $ 48.95 $ 8,485 $ 101,820 EX2-052 6 $ 50.21 $ 8,703 $ 104,436 EX2-051 7 $ 51.41 $ 8,911 $ 106,932 EX2-052 7 $ 52.74 $ 9,141 $ 109,692 EX2-053 1 $ 40.18 $ 6,965 $ 83,580 EX2-054 1 $ 41.20 $ 7,142 $ 85,704 EX2-053 2 $ 42.24 $ 7,321 $ 87,852 EX2-054 2 $ 43.27 $ 7,500 $ 90,000 EX2-053 3 $ 44.35 $ 7,687 $ 92,244 EX2-054 3 $ 45.46 $ 7,880 $ 94,560 EX2-053 4 $ 46.62 $ 8,080 $ 96,960 EX2-054 4 $ 47.76 $ 8,278 $ 99,336 EX2-053 5 $ 48.95 $ 8,485 $ 101,820 EX2-054 5 $ 50.21 $ 8,703 $ 104,436 EX2-053 6 $ 51.41 $ 8,911 $ 106,932 EX2-054 6 $ 52.74 $ 9,141 $ 109,692 EX2-053 7 $ 54.05 $ 9,368 $ 112,416 EX2-054 7 $ 55.39 $ 9,601 $ 115,212 EX2-055 1 $ 42.24 $ 7,321 $ 87,852 EX2-056 1 $ 43.27 $ 7,500 $ 90,000 EX2-055 2 $ 44.35 $ 7,687 $ 92,244 EX2-056 2 $ 45.46 $ 7,880 $ 94,560 EX2-055 3 $ 46.62 $ 8,080 $ 96,960 EX2-056 3 $ 47.76 $ 8,278 $ 99,336 EX2-055 4 $ 48.95 $ 8,485 $ 101,820 EX2-056 4 $ 50.21 $ 8,703 $ 104,436 EX2-055 5 $ 51.41 $ 8,911 $ 106,932 EX2-056 5 $ 52.74 $ 9,141 $ 109,692 EX2-055 6 $ 54.05 $ 9,368 $ 112,416 EX2-056 6 $ 55.39 $ 9,601 $ 115,212 EX2-055 7 $ 56.81 $ 9,847 $ 118,164 EX2-056 7 $ 58.22 $ 10,092 $ 121,104 EX2-057 1 $ 44.35 $ 7,687 $ 92,244 EX2-058 1 $ 45.46 $ 7,880 $ 94,560 EX2-057 2 $ 46.62 $ 8,080 $ 96,960 EX2-058 2 $ 47.76 $ 8,278 $ 99,336 EX2-057 3 $ 48.95 $ 8,485 $ 101,820 EX2-058 3 $ 50.21 $ 8,703 $ 104,436 EX2-057 4 $ 51.41 $ 8,911 $ 106,932 EX2-058 4 $ 52.74 $ 9,141 $ 109,692 EX2-057 5 $ 54.05 $ 9,368 $ 112,416 EX2-058 5 $ 55.39 $ 9,601 $ 115,212 EX2-057 6 $ 56.81 $ 9,847 $ 118,164 EX2-058 6 $ 58.22 $ 10,092 $ 121,104 EX2-057 7 $ 59.64 $ 10,338 $ 124,056 EX2-058 7 $ 61.15 $ 10,599 $ 127,188 EX2-059 1 $ 46.62 $ 8,080 $ 96,960 EX2-060 1 $ 47.76 $ 8,278 $ 99,336 EX2-059 2 $ 48.95 $ 8,485 $ 101,820 EX2-060 2 $ 50.21 $ 8,703 $ 104,436 EX2-059 3 $ 51.41 $ 8,911 $ 106,932 EX2-060 3 $ 52.74 $ 9,141 $ 109,692 EX2-059 4 $ 54.05 $ 9,368 $ 112,416 EX2-060 4 $ 55.39 $ 9,601 $ 115,212 EX2-059 5 $ 56.81 $ 9,847 $ 118,164 EX2-060 5 $ 58.22 $ 10,092 $ 121,104 EX2-059 6 $ 59.64 $ 10,338 $ 124,056 EX2-060 6 $ 61.15 $ 10,599 $ 127,188 EX2-059 7 $ 62.68 $ 10,865 $ 130,380 EX2-060 7 $ 64.22 $ 11,132 $ 133,584 Effective June 25, 2023
Item 1R - Page 47
Scale Code Step
Code
Hourly
Rate
Monthly
Rate Annual Rate Scale Code Step
Code
Hourly
Rate
Monthly
Rate Annual Rate
EX2-061 1 $ 48.95 $ 8,485 $ 101,820 EX2-062 1 $ 50.21 $ 8,703 $ 104,436 EX2-061 2 $ 51.41 $ 8,911 $ 106,932 EX2-062 2 $ 52.74 $ 9,141 $ 109,692 EX2-061 3 $ 54.05 $ 9,368 $ 112,416 EX2-062 3 $ 55.41 $ 9,604 $ 115,248 EX2-061 4 $ 56.81 $ 9,847 $ 118,164 EX2-062 4 $ 58.23 $ 10,093 $ 121,116 EX2-061 5 $ 59.64 $ 10,338 $ 124,056 EX2-062 5 $ 61.15 $ 10,600 $ 127,200 EX2-061 6 $ 62.68 $ 10,865 $ 130,380 EX2-062 6 $ 64.24 $ 11,135 $ 133,620 EX2-061 7 $ 65.88 $ 11,419 $ 137,028 EX2-062 7 $ 67.51 $ 11,702 $ 140,424 EX2-063 1 $ 51.41 $ 8,911 $ 106,932 EX2-064 1 $ 52.74 $ 9,141 $ 109,692 EX2-063 2 $ 54.05 $ 9,368 $ 112,416 EX2-064 2 $ 55.41 $ 9,604 $ 115,248 EX2-063 3 $ 56.81 $ 9,847 $ 118,164 EX2-064 3 $ 58.23 $ 10,093 $ 121,116 EX2-063 4 $ 59.64 $ 10,338 $ 124,056 EX2-064 4 $ 61.15 $ 10,600 $ 127,200 EX2-063 5 $ 62.68 $ 10,865 $ 130,380 EX2-064 5 $ 64.24 $ 11,135 $ 133,620 EX2-063 6 $ 65.88 $ 11,419 $ 137,028 EX2-064 6 $ 67.51 $ 11,702 $ 140,424 EX2-063 7 $ 69.19 $ 11,993 $ 143,916 EX2-064 7 $ 70.95 $ 12,298 $ 147,576 EX2-065 1 $ 54.05 $ 9,368 $ 112,416 EX2-066 1 $ 55.41 $ 9,604 $ 115,248 EX2-065 2 $ 56.81 $ 9,847 $ 118,164 EX2-066 2 $ 58.23 $ 10,093 $ 121,116 EX2-065 3 $ 59.64 $ 10,338 $ 124,056 EX2-066 3 $ 61.15 $ 10,600 $ 127,200 EX2-065 4 $ 62.68 $ 10,865 $ 130,380 EX2-066 4 $ 64.24 $ 11,135 $ 133,620 EX2-065 5 $ 65.88 $ 11,419 $ 137,028 EX2-066 5 $ 67.51 $ 11,702 $ 140,424 EX2-065 6 $ 69.19 $ 11,993 $ 143,916 EX2-066 6 $ 70.95 $ 12,298 $ 147,576 EX2-065 7 $ 72.69 $ 12,600 $ 151,200 EX2-066 7 $ 74.51 $ 12,915 $ 154,980 EX2-067 1 $ 56.81 $ 9,847 $ 118,164 EX2-068 1 $ 58.23 $ 10,093 $ 121,116 EX2-067 2 $ 59.64 $ 10,338 $ 124,056 EX2-068 2 $ 61.15 $ 10,600 $ 127,200 EX2-067 3 $ 62.68 $ 10,865 $ 130,380 EX2-068 3 $ 64.24 $ 11,135 $ 133,620 EX2-067 4 $ 65.88 $ 11,419 $ 137,028 EX2-068 4 $ 67.51 $ 11,702 $ 140,424 EX2-067 5 $ 69.19 $ 11,993 $ 143,916 EX2-068 5 $ 70.95 $ 12,298 $ 147,576 EX2-067 6 $ 72.69 $ 12,600 $ 151,200 EX2-068 6 $ 74.51 $ 12,915 $ 154,980 EX2-067 7 $ 76.36 $ 13,236 $ 158,832 EX2-068 7 $ 78.28 $ 13,568 $ 162,816 EX2-069 1 $ 59.64 $ 10,338 $ 124,056 EX3-070 1 $ 59.13 $ 10,250 $ 123,000 EX2-069 2 $ 62.68 $ 10,865 $ 130,380 EX3-070 2 $ 62.11 $ 10,766 $ 129,192 EX2-069 3 $ 65.88 $ 11,419 $ 137,028 EX3-070 3 $ 65.20 $ 11,302 $ 135,624 EX2-069 4 $ 69.19 $ 11,993 $ 143,916 EX3-070 4 $ 68.55 $ 11,882 $ 142,584 EX2-069 5 $ 72.69 $ 12,600 $ 151,200 EX3-070 5 $ 71.98 $ 12,476 $ 149,712 EX2-069 6 $ 76.36 $ 13,236 $ 158,832 EX3-070 6 $ 75.63 $ 13,109 $ 157,308 EX2-069 7 $ 80.24 $ 13,908 $ 166,896 EX3-070 7 $ 79.45 $ 13,772 $ 165,264 EX3-071 1 $ 60.61 $ 10,505 $ 126,060 EX3-072 1 $ 62.11 $ 10,766 $ 129,192 EX3-071 2 $ 63.65 $ 11,032 $ 132,384 EX3-072 2 $ 65.20 $ 11,302 $ 135,624 EX3-071 3 $ 66.84 $ 11,585 $ 139,020 EX3-072 3 $ 68.55 $ 11,882 $ 142,584 EX3-071 4 $ 70.23 $ 12,173 $ 146,076 EX3-072 4 $ 71.98 $ 12,476 $ 149,712 EX3-071 5 $ 73.78 $ 12,789 $ 153,468 EX3-072 5 $ 75.63 $ 13,109 $ 157,308 EX3-071 6 $ 77.53 $ 13,438 $ 161,256 EX3-072 6 $ 79.45 $ 13,772 $ 165,264 EX3-071 7 $ 81.43 $ 14,115 $ 169,380 EX3-072 7 $ 83.48 $ 14,470 $ 173,640 EX3-073 1 $ 63.65 $ 11,032 $ 132,384 EX3-074 1 $ 65.20 $ 11,302 $ 135,624 EX3-073 2 $ 66.84 $ 11,585 $ 139,020 EX3-074 2 $ 68.55 $ 11,882 $ 142,584 EX3-073 3 $ 70.23 $ 12,173 $ 146,076 EX3-074 3 $ 71.98 $ 12,476 $ 149,712 EX3-073 4 $ 73.78 $ 12,789 $ 153,468 EX3-074 4 $ 75.63 $ 13,109 $ 157,308 EX3-073 5 $ 77.53 $ 13,438 $ 161,256 EX3-074 5 $ 79.45 $ 13,772 $ 165,264 EX3-073 6 $ 81.43 $ 14,115 $ 169,380 EX3-074 6 $ 83.48 $ 14,470 $ 173,640 EX3-073 7 $ 85.59 $ 14,835 $ 178,020 EX3-074 7 $ 87.70 $ 15,201 $ 182,412 EX3-075 1 $ 66.84 $ 11,585 $ 139,020 EX3-076 1 $ 68.55 $ 11,882 $ 142,584 EX3-075 2 $ 70.23 $ 12,173 $ 146,076 EX3-076 2 $ 71.98 $ 12,476 $ 149,712 EX3-075 3 $ 73.78 $ 12,789 $ 153,468 EX3-076 3 $ 75.63 $ 13,109 $ 157,308 EX3-075 4 $ 77.53 $ 13,438 $ 161,256 EX3-076 4 $ 79.45 $ 13,772 $ 165,264 EX3-075 5 $ 81.43 $ 14,115 $ 169,380 EX3-076 5 $ 83.48 $ 14,470 $ 173,640 EX3-075 6 $ 85.59 $ 14,835 $ 178,020 EX3-076 6 $ 87.70 $ 15,201 $ 182,412 EX3-075 7 $ 89.88 $ 15,579 $ 186,948 EX3-076 7 $ 92.15 $ 15,973 $ 191,676 Effective June 25, 2023
Item 1R - Page 48
Scale Code Step
Code
Hourly
Rate
Monthly
Rate Annual Rate Scale Code Step
Code
Hourly
Rate
Monthly
Rate Annual Rate
EX3-077 1 $ 70.23 $ 12,173 $ 146,076 EX3-078 1 $ 71.98 $ 12,476 $ 149,712 EX3-077 2 $ 73.78 $ 12,789 $ 153,468 EX3-078 2 $ 75.63 $ 13,109 $ 157,308 EX3-077 3 $ 77.53 $ 13,438 $ 161,256 EX3-078 3 $ 79.45 $ 13,772 $ 165,264 EX3-077 4 $ 81.43 $ 14,115 $ 169,380 EX3-078 4 $ 83.48 $ 14,470 $ 173,640 EX3-077 5 $ 85.59 $ 14,835 $ 178,020 EX3-078 5 $ 87.70 $ 15,201 $ 182,412 EX3-077 6 $ 89.88 $ 15,579 $ 186,948 EX3-078 6 $ 92.15 $ 15,973 $ 191,676 EX3-077 7 $ 94.45 $ 16,371 $ 196,452 EX3-078 7 $ 96.81 $ 16,780 $ 201,360 EX3-079 1 $ 73.78 $ 12,789 $ 153,468 EX3-080 1 $ 75.63 $ 13,109 $ 157,308 EX3-079 2 $ 77.53 $ 13,438 $ 161,256 EX3-080 2 $ 79.45 $ 13,772 $ 165,264 EX3-079 3 $ 81.43 $ 14,115 $ 169,380 EX3-080 3 $ 83.48 $ 14,470 $ 173,640 EX3-079 4 $ 85.59 $ 14,835 $ 178,020 EX3-080 4 $ 87.70 $ 15,201 $ 182,412 EX3-079 5 $ 89.88 $ 15,579 $ 186,948 EX3-080 5 $ 92.15 $ 15,973 $ 191,676 EX3-079 6 $ 94.45 $ 16,371 $ 196,452 EX3-080 6 $ 96.81 $ 16,780 $ 201,360 EX3-079 7 $ 99.24 $ 17,202 $ 206,424 EX3-080 7 $ 101.72 $ 17,632 $ 211,584 EX3-081 1 $ 77.53 $ 13,438 $ 161,256 EX3-082 1 $ 79.45 $ 13,772 $ 165,264 EX3-081 2 $ 81.43 $ 14,115 $ 169,380 EX3-082 2 $ 83.48 $ 14,470 $ 173,640 EX3-081 3 $ 85.59 $ 14,835 $ 178,020 EX3-082 3 $ 87.70 $ 15,201 $ 182,412 EX3-081 4 $ 89.88 $ 15,579 $ 186,948 EX3-082 4 $ 92.15 $ 15,973 $ 191,676 EX3-081 5 $ 94.45 $ 16,371 $ 196,452 EX3-082 5 $ 96.81 $ 16,780 $ 201,360 EX3-081 6 $ 99.24 $ 17,202 $ 206,424 EX3-082 6 $ 101.72 $ 17,632 $ 211,584 EX3-081 7 $ 104.27 $ 18,073 $ 216,876 EX3-082 7 $ 106.78 $ 18,508 $ 222,096 EX3-083 1 $ 81.43 $ 14,115 $ 169,380 EX3-084 1 $ 83.48 $ 14,470 $ 173,640 EX3-083 2 $ 85.59 $ 14,835 $ 178,020 EX3-084 2 $ 87.70 $ 15,201 $ 182,412 EX3-083 3 $ 89.88 $ 15,579 $ 186,948 EX3-084 3 $ 92.15 $ 15,973 $ 191,676 EX3-083 4 $ 94.45 $ 16,371 $ 196,452 EX3-084 4 $ 96.81 $ 16,780 $ 201,360 EX3-083 5 $ 99.24 $ 17,202 $ 206,424 EX3-084 5 $ 101.72 $ 17,632 $ 211,584 EX3-083 6 $ 104.27 $ 18,073 $ 216,876 EX3-084 6 $ 106.78 $ 18,508 $ 222,096 EX3-083 7 $ 109.49 $ 18,979 $ 227,748 EX3-084 7 $ 112.14 $ 19,438 $ 233,256 EX3-085 1 $ 85.59 $ 14,835 $ 178,020 EX3-086 1 $ 87.70 $ 15,201 $ 182,412 EX3-085 2 $ 89.88 $ 15,579 $ 186,948 EX3-086 2 $ 92.15 $ 15,973 $ 191,676 EX3-085 3 $ 94.45 $ 16,371 $ 196,452 EX3-086 3 $ 96.81 $ 16,780 $ 201,360 EX3-085 4 $ 99.24 $ 17,202 $ 206,424 EX3-086 4 $ 101.72 $ 17,632 $ 211,584 EX3-085 5 $ 104.27 $ 18,073 $ 216,876 EX3-086 5 $ 106.78 $ 18,508 $ 222,096 EX3-085 6 $ 109.49 $ 18,979 $ 227,748 EX3-086 6 $ 112.14 $ 19,438 $ 233,256 EX3-085 7 $ 114.95 $ 19,925 $ 239,100 EX3-086 7 $ 117.74 $ 20,409 $ 244,908 EX3-087 1 $ 89.88 $ 15,579 $ 186,948 EX3-088 1 $ 92.15 $ 15,973 $ 191,676 EX3-087 2 $ 94.45 $ 16,371 $ 196,452 EX3-088 2 $ 96.81 $ 16,780 $ 201,360 EX3-087 3 $ 99.24 $ 17,202 $ 206,424 EX3-088 3 $ 101.72 $ 17,632 $ 211,584 EX3-087 4 $ 104.27 $ 18,073 $ 216,876 EX3-088 4 $ 106.78 $ 18,508 $ 222,096 EX3-087 5 $ 109.49 $ 18,979 $ 227,748 EX3-088 5 $ 112.14 $ 19,438 $ 233,256 EX3-087 6 $ 114.95 $ 19,925 $ 239,100 EX3-088 6 $ 117.74 $ 20,409 $ 244,908 EX3-087 7 $ 120.70 $ 20,921 $ 251,052 EX3-088 7 $ 123.62 $ 21,428 $ 257,136 EX3-089 1 $ 94.45 $ 16,371 $ 196,452 EX3-090 1 $ 96.81 $ 16,780 $ 201,360 EX3-089 2 $ 99.24 $ 17,202 $ 206,424 EX3-090 2 $ 101.72 $ 17,632 $ 211,584 EX3-089 3 $ 104.27 $ 18,073 $ 216,876 EX3-090 3 $ 106.78 $ 18,508 $ 222,096 EX3-089 4 $ 109.49 $ 18,979 $ 227,748 EX3-090 4 $ 112.14 $ 19,438 $ 233,256 EX3-089 5 $ 114.95 $ 19,925 $ 239,100 EX3-090 5 $ 117.74 $ 20,409 $ 244,908 EX3-089 6 $ 120.70 $ 20,921 $ 251,052 EX3-090 6 $ 123.62 $ 21,428 $ 257,136 EX3-089 7 $ 126.73 $ 21,967 $ 263,604 EX3-090 7 $ 129.82 $ 22,502 $ 270,024 EX4-070 1 $ 61.22 $ 10,612 $ 127,344 EX4-071 1 $ 62.75 $ 10,876 $ 130,512 EX4-070 2 $ 64.29 $ 11,144 $ 133,728 EX4-071 2 $ 65.90 $ 11,422 $ 137,064 EX4-070 3 $ 67.51 $ 11,702 $ 140,424 EX4-071 3 $ 69.19 $ 11,993 $ 143,916 EX4-070 4 $ 70.95 $ 12,298 $ 147,576 EX4-071 4 $ 72.69 $ 12,600 $ 151,200 EX4-070 5 $ 74.51 $ 12,915 $ 154,980 EX4-071 5 $ 76.36 $ 13,236 $ 158,832 EX4-070 6 $ 78.28 $ 13,568 $ 162,816 EX4-071 6 $ 80.24 $ 13,908 $ 166,896 EX4-070 7 $ 82.23 $ 14,253 $ 171,036 EX4-071 7 $ 84.29 $ 14,611 $ 175,332 Effective June 25, 2023
Item 1R - Page 49
Scale Code Step
Code
Hourly
Rate
Monthly
Rate Annual Rate Scale Code Step
Code
Hourly
Rate
Monthly
Rate Annual Rate
EX4-072 1 $ 64.29 $ 11,144 $ 133,728 EX4-073 1 $ 65.90 $ 11,422 $ 137,064 EX4-072 2 $ 67.51 $ 11,702 $ 140,424 EX4-073 2 $ 69.19 $ 11,993 $ 143,916 EX4-072 3 $ 70.95 $ 12,298 $ 147,576 EX4-073 3 $ 72.69 $ 12,600 $ 151,200 EX4-072 4 $ 74.51 $ 12,915 $ 154,980 EX4-073 4 $ 76.36 $ 13,236 $ 158,832 EX4-072 5 $ 78.28 $ 13,568 $ 162,816 EX4-073 5 $ 80.24 $ 13,908 $ 166,896 EX4-072 6 $ 82.23 $ 14,253 $ 171,036 EX4-073 6 $ 84.29 $ 14,611 $ 175,332 EX4-072 7 $ 86.40 $ 14,976 $ 179,712 EX4-073 7 $ 88.58 $ 15,354 $ 184,248 EX4-074 1 $ 67.51 $ 11,702 $ 140,424 EX4-075 1 $ 69.19 $ 11,993 $ 143,916 EX4-074 2 $ 70.95 $ 12,298 $ 147,576 EX4-075 2 $ 72.69 $ 12,600 $ 151,200 EX4-074 3 $ 74.51 $ 12,915 $ 154,980 EX4-075 3 $ 76.36 $ 13,236 $ 158,832 EX4-074 4 $ 78.28 $ 13,568 $ 162,816 EX4-075 4 $ 80.24 $ 13,908 $ 166,896 EX4-074 5 $ 82.23 $ 14,253 $ 171,036 EX4-075 5 $ 84.29 $ 14,611 $ 175,332 EX4-074 6 $ 86.40 $ 14,976 $ 179,712 EX4-075 6 $ 88.58 $ 15,354 $ 184,248 EX4-074 7 $ 90.77 $ 15,733 $ 188,796 EX4-075 7 $ 93.03 $ 16,125 $ 193,500 EX4-076 1 $ 70.95 $ 12,298 $ 147,576 EX4-077 1 $ 72.69 $ 12,600 $ 151,200 EX4-076 2 $ 74.51 $ 12,915 $ 154,980 EX4-077 2 $ 76.36 $ 13,236 $ 158,832 EX4-076 3 $ 78.28 $ 13,568 $ 162,816 EX4-077 3 $ 80.24 $ 13,908 $ 166,896 EX4-076 4 $ 82.23 $ 14,253 $ 171,036 EX4-077 4 $ 84.29 $ 14,611 $ 175,332 EX4-076 5 $ 86.40 $ 14,976 $ 179,712 EX4-077 5 $ 88.58 $ 15,354 $ 184,248 EX4-076 6 $ 90.77 $ 15,733 $ 188,796 EX4-077 6 $ 93.03 $ 16,125 $ 193,500 EX4-076 7 $ 95.37 $ 16,531 $ 198,372 EX4-077 7 $ 97.75 $ 16,944 $ 203,328 EX4-078 1 $ 74.51 $ 12,915 $ 154,980 EX4-079 1 $ 76.36 $ 13,236 $ 158,832 EX4-078 2 $ 78.28 $ 13,568 $ 162,816 EX4-079 2 $ 80.24 $ 13,908 $ 166,896 EX4-078 3 $ 82.23 $ 14,253 $ 171,036 EX4-079 3 $ 84.29 $ 14,611 $ 175,332 EX4-078 4 $ 86.40 $ 14,976 $ 179,712 EX4-079 4 $ 88.58 $ 15,354 $ 184,248 EX4-078 5 $ 90.77 $ 15,733 $ 188,796 EX4-079 5 $ 93.03 $ 16,125 $ 193,500 EX4-078 6 $ 95.37 $ 16,531 $ 198,372 EX4-079 6 $ 97.75 $ 16,944 $ 203,328 EX4-078 7 $ 100.17 $ 17,362 $ 208,344 EX4-079 7 $ 102.72 $ 17,804 $ 213,648 EX4-080 1 $ 78.28 $ 13,568 $ 162,816 EX4-081 1 $ 80.24 $ 13,908 $ 166,896 EX4-080 2 $ 82.23 $ 14,253 $ 171,036 EX4-081 2 $ 84.29 $ 14,611 $ 175,332 EX4-080 3 $ 86.40 $ 14,976 $ 179,712 EX4-081 3 $ 88.58 $ 15,354 $ 184,248 EX4-080 4 $ 90.77 $ 15,733 $ 188,796 EX4-081 4 $ 93.03 $ 16,125 $ 193,500 EX4-080 5 $ 95.37 $ 16,531 $ 198,372 EX4-081 5 $ 97.75 $ 16,944 $ 203,328 EX4-080 6 $ 100.17 $ 17,362 $ 208,344 EX4-081 6 $ 102.72 $ 17,804 $ 213,648 EX4-080 7 $ 105.28 $ 18,248 $ 218,976 EX4-081 7 $ 107.91 $ 18,704 $ 224,448 EX4-082 1 $ 82.23 $ 14,253 $ 171,036 EX4-083 1 $ 84.29 $ 14,611 $ 175,332 EX4-082 2 $ 86.40 $ 14,976 $ 179,712 EX4-083 2 $ 88.58 $ 15,354 $ 184,248 EX4-082 3 $ 90.77 $ 15,733 $ 188,796 EX4-083 3 $ 93.03 $ 16,125 $ 193,500 EX4-082 4 $ 95.37 $ 16,531 $ 198,372 EX4-083 4 $ 97.75 $ 16,944 $ 203,328 EX4-082 5 $ 100.17 $ 17,362 $ 208,344 EX4-083 5 $ 102.72 $ 17,804 $ 213,648 EX4-082 6 $ 105.28 $ 18,248 $ 218,976 EX4-083 6 $ 107.91 $ 18,704 $ 224,448 EX4-082 7 $ 110.52 $ 19,157 $ 229,884 EX4-083 7 $ 113.31 $ 19,641 $ 235,692 EX4-084 1 $ 86.40 $ 14,976 $ 179,712 EX4-085 1 $ 88.58 $ 15,354 $ 184,248 EX4-084 2 $ 90.77 $ 15,733 $ 188,796 EX4-085 2 $ 93.03 $ 16,125 $ 193,500 EX4-084 3 $ 95.37 $ 16,531 $ 198,372 EX4-085 3 $ 97.75 $ 16,944 $ 203,328 EX4-084 4 $ 100.17 $ 17,362 $ 208,344 EX4-085 4 $ 102.72 $ 17,804 $ 213,648 EX4-084 5 $ 105.28 $ 18,248 $ 218,976 EX4-085 5 $ 107.91 $ 18,704 $ 224,448 EX4-084 6 $ 110.52 $ 19,157 $ 229,884 EX4-085 6 $ 113.31 $ 19,641 $ 235,692 EX4-084 7 $ 116.05 $ 20,116 $ 241,392 EX4-085 7 $ 118.97 $ 20,621 $ 247,452 EX4-086 1 $ 90.77 $ 15,733 $ 188,796 EX4-087 1 $ 93.03 $ 16,125 $ 193,500 EX4-086 2 $ 95.37 $ 16,531 $ 198,372 EX4-087 2 $ 97.75 $ 16,944 $ 203,328 EX4-086 3 $ 100.17 $ 17,362 $ 208,344 EX4-087 3 $ 102.72 $ 17,804 $ 213,648 EX4-086 4 $ 105.28 $ 18,248 $ 218,976 EX4-087 4 $ 107.91 $ 18,704 $ 224,448 EX4-086 5 $ 110.52 $ 19,157 $ 229,884 EX4-087 5 $ 113.31 $ 19,641 $ 235,692 EX4-086 6 $ 116.05 $ 20,116 $ 241,392 EX4-087 6 $ 118.97 $ 20,621 $ 247,452 EX4-086 7 $ 121.85 $ 21,121 $ 253,452 EX4-087 7 $ 124.91 $ 21,651 $ 259,812 Effective June 25, 2023
Item 1R - Page 50
Scale Code Step
Code
Hourly
Rate
Monthly
Rate Annual Rate Scale Code Step
Code
Hourly
Rate
Monthly
Rate Annual Rate
EX4-088 1 $ 95.37 $ 16,531 $ 198,372 EX4-089 1 $ 97.75 $ 16,944 $ 203,328 EX4-088 2 $ 100.17 $ 17,362 $ 208,344 EX4-089 2 $ 102.72 $ 17,804 $ 213,648 EX4-088 3 $ 105.28 $ 18,248 $ 218,976 EX4-089 3 $ 107.91 $ 18,704 $ 224,448 EX4-088 4 $ 110.52 $ 19,157 $ 229,884 EX4-089 4 $ 113.31 $ 19,641 $ 235,692 EX4-088 5 $ 116.05 $ 20,116 $ 241,392 EX4-089 5 $ 118.97 $ 20,621 $ 247,452 EX4-088 6 $ 121.85 $ 21,121 $ 253,452 EX4-089 6 $ 124.91 $ 21,651 $ 259,812 EX4-088 7 $ 127.96 $ 22,180 $ 266,160 EX4-089 7 $ 131.18 $ 22,738 $ 272,856 EX4-090 1 $ 100.17 $ 17,362 $ 208,344 EX4-091 1 $ 102.72 $ 17,804 $ 213,648 EX4-090 2 $ 105.28 $ 18,248 $ 218,976 EX4-091 2 $ 107.91 $ 18,704 $ 224,448 EX4-090 3 $ 110.52 $ 19,157 $ 229,884 EX4-091 3 $ 113.31 $ 19,641 $ 235,692 EX4-090 4 $ 116.05 $ 20,116 $ 241,392 EX4-091 4 $ 118.97 $ 20,621 $ 247,452 EX4-090 5 $ 121.85 $ 21,121 $ 253,452 EX4-091 5 $ 124.91 $ 21,651 $ 259,812 EX4-090 6 $ 127.96 $ 22,180 $ 266,160 EX4-091 6 $ 131.18 $ 22,738 $ 272,856 EX4-090 7 $ 134.35 $ 23,287 $ 279,444 EX4-091 7 $ 137.74 $ 23,875 $ 286,500 EX4-092 1 $ 105.28 $ 18,248 $ 218,976 EX4-093 1 $ 107.91 $ 18,704 $ 224,448 EX4-092 2 $ 110.52 $ 19,157 $ 229,884 EX4-093 2 $ 113.31 $ 19,641 $ 235,692 EX4-092 3 $ 116.05 $ 20,116 $ 241,392 EX4-093 3 $ 118.97 $ 20,621 $ 247,452 EX4-092 4 $ 121.85 $ 21,121 $ 253,452 EX4-093 4 $ 124.91 $ 21,651 $ 259,812 EX4-092 5 $ 127.96 $ 22,180 $ 266,160 EX4-093 5 $ 131.18 $ 22,738 $ 272,856 EX4-092 6 $ 134.35 $ 23,287 $ 279,444 EX4-093 6 $ 137.74 $ 23,875 $ 286,500 EX4-092 7 $ 141.07 $ 24,452 $ 293,424 EX4-093 7 $ 144.63 $ 25,070 $ 300,840 Monthly Annual
27,083$ 325,000$
4,160$ 49,920$
3,467$ 41,604$
CM/EO
City Manager (under contract)
Elected Official - Mayor
Elected Official - Councilmember
Effective June 25, 2023
Item 1R - Page 51

CITY COUNCIL STAFF REPORT
09/14/2023
SUBJECT:

SECOND READING AND ADOPTION OF ORDINANCE 2087, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.26 OF THE

PALM SPRING MUNICIPAL CODE REGARDING THE HOTEL OPERATIONS

INCENTIVE PROGRAM
RECOMMENDATION:

Waive the second reading of the text in its entirety and adopt Ordinance No. 2087, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.26 OF THE PALM SPRINGS MUNICIPAL CODE, REGARDING THE HOTEL OPERATIONS INCENTIVE PROGRAM.”
Attachments
Item 1S

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 14, 2023 CONSENT CALENDAR

SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE 2087 , “AN

ORDINANCE OF THE CITY OF PALM SPRINGS , CALIFORNIA,
AMENDING CHAPTER 5.26 OF THE PALM SPRING MUNICIPAL CODE

REGARDING THE HOTEL OPERATIONS INCENTIVE PROGRAM

FROM: Scott C. Stiles, City Manager

BY: Community & Economic Development Department

SUMMARY:

This is the second reading and adoption of an ordinance to amend Chapter 5.26 of the Palm Springs Municipal Code (PSMC) . The City Council will consider adoption of Ordinance No. 2087 (Attachment A).

RECOMMENDATION:

Waive the second reading of the text in its entirety and adopt Ordinance No. 2087, “AN

ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER

5.26 OF THE PALM SPRING S MUNICIPAL CODE, REGARDING THE HOTEL OPERATIONS INCENTIVE PROGRAM.”

STAFF ANALYSIS:

On July 24, 2023, Ordinance No. 2087 was introduced for first reading and was approved as noted below:

ACTION: Waive reading of the text and introduce for first reading proposed Ordinance No. 2087 , “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.26 OF THE PALM SPRING MUNICIPAL CODE, REGARDING THE HOTEL OPERATIONS INCENTIVE PROGRAM.”

MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5 -0, to introduce Ordinance No. 2087 " AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.26

OF THE PALM SPRING MUNICIPAL CODE, REGARDING THE HOTEL
OPERATIONS INCENTIVE PROGRAM,” as amended.

Item 1S - Page 1
City Council Staff Report
September 14, 2023 -- Page 2
Hotel Incentive Program

AYES: Councilmembers deHarte, Holstege, Middleton, Mayor Pro Tem Bernstein, Mayor Garner
NOES: None
ABSENT: None.

At the Council meeting on the July 24, the Council gave direction for additional changes summarized as follows:

• Allow hotels with less than thirty-six (36) complete months of transient occupancy tax payments to participate in the Hotel Operations Incentive Program and share an amount equal to fifty percent (50%) of the Phase II Renovation Project Transient Occupancy Tax Increment collected and remitted to the City until the ten (10) year anniversary of the first payment hereunder, or until an operator has recouped their Certified Renovation Investment, whichever occurs first.

The July 24 staff report is attached to this report as Attachment B for reference.

Attachment C is a redline draft of Ordinance No. 2087 that shows changes proposed for second reading against the ordinance as presented on the July 24, 2023, City Council meeting.

ENVIRONMENTAL ASSESSMENT
:

The recommended action is not a “project” for purposes of the California Environmental Quality Act (CEQA), as that term is defined by CEQA guidelines (Guidelines) section 15378.

ALIGNMENT WITH STRATEGIC PLANNING:

Quality of Life (1D), Advance Economic Development – Stimulate investment in activities that create living wage employment opportunities and increase livability of the community.

FISCAL IMPACT
:

An amount equal to 50% of transient occupancy tax increment above an annual base amount will be paid to the Operator for a
ten-year period. For hotels in Class I Historic
buildings, 75% of transient occupancy tax increment above an annual base amount or other agreed upon base will be paid to the Operator for a ten-year period. For hotels that do not have thirty -six (36) months of TOT payment history, or hotels that have not been in operation for a total of at least five (5) years in the fifteen (15) years immediately preceding the date the Program application is deemed complete, the payment period will be ten (10) years.

Item 1S - Page 2
City Council Staff Report
September 14, 2023 -- Page 3
Hotel Incentive Program

REVIEWED BY:

Department Director: Jay Virata
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles

ATTACHMENTS:

A. Ordinance 2087
B. July 24, 2023, Staff Report
C. Redline draft of Ordinance 2087

Item 1S - Page 3

ATTACHMENT A

Item 1S - Page 4
55575.18175\41469825.1

ORDINANCE NO. ____

AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING CHAPTER 5.26 OF THE PALM

SPRING MUNICIPAL CODE, REGARDING THE HOTEL

OPERATIONS INCENTIVE PROGRAM

City Attorney Summary
This Ordinance extends the City’s Hotel Operations Incentive Program, with certain modifications, for existing hotels that undertake specified renovation projects involving significant investment, subject to certain limitations.

WHEREAS, t he City of Palm Springs (“City”) is a charter city organized pursuant to Article XI, Section 5 of the California Constitution and pursuant to the authority so granted, the City has the power to make and enforce within its limits all ordinances and regulations with respect to municipal affairs not in conflict with its own charter.

WHEREAS, Chapter 5.26 of the Palm Springs Municipal Code establishes the Hotel Operations Incentive Program (“Program”), whereby existing hotels in the City are eligible to receive certain incentives when they u ndertake specified renovation projects involving significant investment.

WHEREAS, Ordinance No. 1972, adopted by the City Council on February 6, 2019, re -instated the Program and included a sunset date of December 31, 2023.

WHEREAS, currently, hotels th at have not been in operation for the previous 36 months are not eligible to participate in the Program because Chapter

5.26 does not specify how to calculate the Phase II Renovation Project Transient Occupancy Tax Base for such hotels.

WHEREAS, the City Council desires to extend the sunset date of the Program, to establish parameters under which hotels without 36 months of transient occupancy tax may participate in the Program, and to make certain other adjustments to the Program.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recitals. That the findings and determinations reflected above are true and correct and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Ordinance.

SECTION 2. Amendment of Palm Springs Municipal Code Section

5.26.020. Section 5.26.020 of the Palm Springs Municipal Code shall be amended in its entirety, to read as follows:

Item 1S - Page 5
55575.18175\41469825.1

Ordinance No. _____

Page 2 ends

Palm Springs City CouncilSeptember 14, 2023

Palm Springs City Council
September 14, 2023